MANJU Vs. STATE OF H P

JUDGEMENT

(1.) The short question which arises for determination in this case is

(2.) The facts in brief are that the petitioner who by birth does not belong to the scheduled tribes married one Sh. Arbind who is a member of a scheduled tribe. She contested the election for the post of Pardhan, Gram Panchayat, Barang, Tehsil Kalpa, District Kinnaur, H. P. This post was reserved for women belonging to the belonging to the scheduled tribes only. The only other opponent in the election was respondent No. 4. The petitioner won the election and thereafter respondent No. 4 filed an election petition under Section 163 of the H. P. Panchayati Raj Act. The main ground of challenge was that the petitioner did not belong to the scheduled tribes and therefore, was not eligible to contest the election.

(3.) The case of the petitioner before the authorized authority was that she had been issued a certificate by the Deputy Commissioner, Kinnaur, to the effect that she belongs to the scheduled tribes. According to her, she had married her husband who belongs to the scheduled tribe and therefore she acquired the same status as her husband. It was also pleaded that after her marriage, she performed and followed all rites and customs prevalent in the area and has been accepted in the tribe of her husband. The Sub-Divisional Magistrate, Kalpa, who is the authorised authority under the H. P. Panchayati Raj Act, came to the conclusion that the petitioner did not acquire the status of a scheduled tribe on her marriage with her husband and was not entitled to contest the election. The appeal filed by the appellant before the Deputy Commissioner has also been rejected. Hence, the present petition.