SARASWATI MANJHI Vs. MANJU KOL

JUDGEMENT

(1.) The petitioner has filed this revision challenging the order dated 18/5/2018 passed by 2nd Additional District Judge, Umariya in Election Petition No.04/2015.

(2.) The post of President at Nagar Panchayat, Chandiya was reserved for woman candidate belonging to Schedule Tribe. Election of the said post was held on 28/11/2014 and the petitioner is elected as President of the Nagar Panchayat on 04/12/2014. The respondent was also a candidate for the said post. The petitioner was declared elected by margin of 947 votes as the petitioner secured 3608 votes and the respondent secured 2661 votes out of 8432 votes. Thereafter the petitioner was notified as President of Nagar Panchayt, Chandiya. Being aggrieved by the election of the petitioner, respondent has filed an election petition before the Election Tribunal, Umariya on 02/01/2015 on the ground that the petitioner does not belong to reserve category and the cast certificate produced by the petitioner is not genuine. She belongs to Dheemer community which is not a schedule tribe. The petitioner after receiving the notice filed her reply on 10/09/2015 denying the allegations made in the election petition.

(3.) After reply, Election Tribunal has framed issues No.1 to 6 which relates to genuineness of the caste certificate of the petitioner and the genuineness of candidature of the petitioner for the reserve category. Issue No.6 has been specifically framed regarding jurisdiction of the Tribunal in view of provisions of Section 41-A of the Municipalities Act (in short "the Act"). One Anupam Chaturvedi had filed Writ Petition No.4382/2015 for registration of offences under Sections 420, 467, 468 and 471 of IPC against the petitioner. The said writ petition was disposed of vide order dated 3/11/2015 in which this Court has directed the petitioner to invoke the jurisdiction of High Power Committee constituted under the judgment of Hon'ble Supreme Court in the case of Ku. Madhuri Patil Vs. Additional Commissioner, Tribal Department and Others, (1995) AIR SC 94. Learned Election Tribunal recorded the evidence of the respondent, however, the petitioner was not given any opportunity for adducing the evidence and passed an order dated 18/5/2018 thereby allowing the election petition preferred by the respondent. Being aggrieved by that order, the petitioner has filed the present revision.