SAJID KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) Quashment of proceedings initiated against the petitioner under Section 36(3) of the M.P.Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 and a direction to respondent No.2-Collector is being sought vide present writ petition.

(2.) Petitioner is a Sarpanch, Gram Panchayat Dorli, Chhatarpur, District Seoni, elected on 17.01.2015 from the constituency reserved for other backward class. Petitioner contested the election on the basis of Caste Certificate said to be issued by the Sub-Divisional Officer (Revenue), Seoni on 25.08.2014 declaring him as Momin Julaha, a caste which is declared as Other Backward Class in the State of Madhya Pradesh by virtue of notification issued by the Government of Madhya Pradesh through its Scheduled Tribe, Scheduled Caste and Other Backward Class welfare department No. F8-5-25-4-84 dated 26.12.1984 and No. F23-4-97-54 dated 02.04.1997.

(3.) Respondent No.3 filed an application before Collector, Seoni for declaring petitioner's election as null and void as the certificate issued in his favour on the basis of which he claimed and got elected from the constituency reserved for the Other Backward Class which being a disqualification under Section 36(2)(a) of Adhiniyam 1993, which envisages that :