SWETA SUMAN Vs. ELECTION COMMISSION OF INDIA,

JUDGEMENT

(1.) As common questions of law are involved in both the present cases, the same are tagged and disposed of by this common order.

(2.) The brief facts in CWJC No. 17396 of 2025 are that the petitioner has filed her nomination paper for contesting as an MLA candidate in the Legislative Assembly Elections to be held on 11/11/2025 for the assembly constituency No. 204 Mohania reserved for Scheduled Caste. That the petitioner belongs to Scheduled Caste and she has filed her nomination duly enclosing the requisite documents including the Caste Certificate. The Election Officer at the time of scrutiny has rejected the nomination of the petitioner on the ground that the Caste Certificate filed by the petitioner may not be genuine as per the report of the Circle Officer, Durgawati. Aggrieved thereof, the petitioner has preferred the present CWJC No. 17396 of 2025.

(3.) The CWJC No. 17397 of 2025 is filed by one Rakesh Kumar Singh who has filed his nomination paper to contest as MLA for the Legislative Assembly elections to be held on 11/11/2025 for the assembly constituency No. 217 Ghosi. The nomination paper of the petitioner has been rejected by the Election Officer on a whimsical and non-existent ground and the copy of the rejection order has also not been served on the petitioner. Aggrieved thereof, the petitioner has filed the present CWJC i.e., 17397 of 2025.