RAVILAL MOHALI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is mainly questioning the candidature of respondent no. 6 and his election as Ward Councilor of Ward No. 12, Nagar Panchayat, Jamtara on the ground that a caste certificate has been issued in his favour treating him to be the member of 'Dhoba' caste, which according to respondent no. 6 is falling under Scheduled Tribe Category.

(2.) It is the case of the petitioner that 'Dhoba' Caste is not falling under Schedule Tribe category, as per the list contained in Chotanagpur Tenancy Act, 1908.

(3.) Mr. Ranjan Pd. Sinha, A.C to learned S.C. I (L &C) appearing for the respondents-State has submitted that the petitioner is seeking the determination about the caste of respondent no. 6 and in view of the judgment rendered in the case of Kumari Madhuri Patil v. Addl. Commissioner, Tribal Development as reported in (1994) 6 SCC 241, the remedy of the petitioner lies elsewhere.