Judgment

S.B. Sinha, J.—Leave granted.

Background fact :

2. The First Respondent herein was Rajput by caste. She married one Ghanshyam on 09.12.2000, who was a member of Scheduled Caste. The marriage was performed as per Vedic Hindu Rites. She applied for and granted a certificate of being belonging to Scheduled Caste by birth by the Sub Divisional Magistrate (S.D.M.), Rajouri Garden, New Delhi, describing her as a daughter of Ramaye, who in fact was her husband’s elder brother’s father-in-law.

3. An inquiry was caused to be made by the Sub Divisional Magistrate upon receiving a complaint that the said certificate contained wrong declaration as she was daughter of one Chinna Singh and not of Ramaye. The said allegations were found to be correct. It was also found that the First Respondent’s Jethani’s name was also co-incidentally Sunita. On the said premise, the certificate granted in her favour was cancelled by an order dated 10.07.2002 and a criminal case under Sections 406, 420, 469 and 471 of the Indian Penal Code was registered. The said criminal case is still pending.

Election Proceedings :

4. The First Respondent herein contested an election for the Municipal Councilor from Ward N