JANKI DEVI Vs. SIYABAI

JUDGEMENT

(1.) Election for Sarpanch Gram Panchayat Chapra, Developement Block Bahoriband, District, Katni reserved for schedule Tribe, was held on 18.01.2010 wherein respondent No.1 was declared elected.

(2.) The election was called in question by the petitioner, who lost, vide Election Petition under Section 122 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 read with Rules framed thereunder, viz, the Madhya Pradesh Panchayats (Election Petitions, Corrupt Practices & Disqualification for Membership) Rules, 1995, (referred as Rules, 1995) mainly on the ground that the respondent No.1 does not belong to schedule tribe and the certificate in support thereof filed by her with the nomination form was forged. And that, the Returning Officer did not deal with the objection raised at the stage of filing of nomination in accordance with Rule 35 of Madhya Pradesh Panchayat Election Rules, 1995 (referred as Nirvachan Rules, 1995).

(3.) The Sub-Divisional Officer (Revenue) Bahoriband/Prescribed Authority by impugned order dated 29.06.2011 dismissed the petition holding that it is beyond its jurisdiction to examine the correctness of the certificate of caste. It is this order which is being questioned vide this petition.