RAJENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal has been filed by the appellant under Sec. 2(i) of M.P. Uchcha Nyayalaya Khandpeeth Ko Appeal Adhiniyam, 2005, being aggrieved by order dtd. 9/5/2024 passed in W.P. No.17520/2022 by the writ Court, whereby the Writ Petition No.17520/2022 filed by respondent No.6/ petitioner therein has been allowed and the appellant herein has been declared ineligible to hold the post of Member, Zila Panchayat, Ward No.3, Raisen and the said seat was declared vacant.

(2.) The appellant contested the election of Member Zila Panchayat, Raisen, from Ward No.3, which was reserved for members of Other Backwards Class ( O.B.C). The appellant herein submitted a nomination form along with an affidavit declaring that he belongs to the O.B.C. category, whereas he does not possess the OBC caste certificate. However, the appellant is claiming himself to be "Pal Baghele" (notified as O.B.C. Caste at Serial No.23 for the State of Madhya Pradesh) to become a member of Other Backwards Class, but admittedly does not possess the caste certificate of the same.

(3.) Vide order dtd. 19/12/2023 passed by the Labour Commissioner, Bhopal, the Election Petition came to be dismissed on the ground that after submission of nomination papers by the appellant herein, no one raised any objection with respect of caste certificate, therefore, on the basis of the affidavit, the election form was rightly accepted and the Election Petition is devoid of merits and dismissed, accordingly.