DILAWAR KHAN Vs. RAVINDER KUMAR

JUDGEMENT

(1.) This appeal is directed against order dated 6.1.2009 passed by Deputy Commissioner-cum-Election Tribunal, Rupnagar by which election of the appellant was set aside and the next candidate was directed to be declared in the category of Scheduled Caste whosoever had procured maximum votes.

(2.) Briefly stated, the facts of the case, are that election of Gram Panchayat of village Raipur was held on 26.5.2008, which comprises of seven Panches in which one post was reserved for Scheduled Caste (for short 'SC') (Male). The appellant (Dilawar Khan) and respondent No. 1 (Ravinder Kumar) contested against the said post claiming themselves to be belonging to the SC. The appellant was declared elected having secured 43 votes as against 36 votes polled by respondent No. 1. His election was challenged by respondent No. 1 on the ground that he professes Muslim faith and since Muslims are not covered by The Constitution (Scheduled Castes) Order, 1950 (for short 'the order of 1950') therefore, he cannot contest election in the reserved category of SC. In reply, the appellant had alleged that he contested the election in the category of Scheduled Caste (Male) on the strength of SC Certificate No. 1481 dated 23.11.2007 issued by Tehsildar, Nangal as he belongs to Jullaha caste which is recognized as a Scheduled Caste.

(3.) Thus, the question involved in this case was whether the appellant is a Muslim or not and if he is a Muslim, whether he is covered by the order of 1950.