RAMA CHANDRA SAHOO Vs. SRIKANTA MALLIK

JUDGEMENT

(1.) Petitioner was elected as Sarpanch of Haladidiha Gram Panchayat in the election held on 19.2.2002. His election was challenged by Opposite Party No. 1, one of the defeated candidates, in Election Misc. Case No. 23 of 2002, in the Court of Learned Civil Judge (Jr. Div.), Jajpur, on the plea that though petitioner does not belong to Scheduled Caste, yet basing on a wrong certificate granted by Tahasildar, he got his nomination paper cleared and contested the election for the seat reserved for Scheduled Caste category. In the election petition, it was, inter alia, claimed that petitioner belongs to 'Niari' caste, which does not find place in the list mentioned in the concerned Entry in the Constitution (Scheduled Tribe) Order, 1950, but obtaining an illegal certificate, Ext. A from the Tahasildar that he belongs to 'Dewar' caste, he could contest the election. Petitioner, as Opp. Party No. 3, contested the election Misc. Case asserting that 'Niari' is a Sub -caste of 'Dewar' and therefore, he belongs to Scheduled Caste community and the certificate, Ext. A issued by competent authority is there to establish his claim.

(2.) BOTH Parties adducted oral and documentary evidence in support of their respective cases. Learned Civil Judge on assessment of such evidence on record held that petitioner belongs to 'Niari' caste, which is not there in the list of the Presidential Order and is accordingly not a person belonging to Scheduled Caste. Since the post of Sarpanch of Haldidiha Gram Panchayat is reserved for Scheduled Caste, Learned Civil Judge declared the election of the petitioner to be void and further declared casual vacancy for the said office. Petitioner preferred Election Appeal No. 4 of 2003 before Learned District Judge, Cuttack and the said Court after hearing the parties, delivered the impugned judgment on 30.7.2003 confirming the conclusion and finding of the Learned Civil Judge.

(3.) LEARNED Counsel for Opp. Party No. 3, on the other hand, submitted that the list of Scheduled Caste in the Presidential Order, 1950 is self contained and when it does not include 'Niari' caste then it is not permissible to say that a Sub -tribe, community or groups is synonymous to the one mentioned in the list, if they are not so specifically mentioned. He submitted that the ratio laid down in Sanatan Mangal (supra) is no more a good law in view of the judgment of the Apex Court in State of Maharashtra v. Millind and Ors., AIR 2001 SC 393. He further submitted that 3entries in the records of right prepared over the years and the entries in the Revenue Official records carry strong evidentiary value and the Tahasildar should not have ignored these entries and given an arbitrary certificate that petitioner belongs to 'Dewar' caste.