Z.A. Haq, J.

1. Heard.

2. RULE.

3. Considering the nature of controversy, the writ petition is taken up for final hearing.

4. The petitioner has challenged the decision of the respondent No.2-Election Officer by which the nomination form of the respondent No.3 for the post of President-Kurkheda Nagar Panchayat is accepted. According to the petitioner, the post of President Kurkheda Nagar Panchayat is reserved for Scheduled Tribe candidate and the respondent No.3, who originally belonged to Gond Scheduled Tribe accepted Islam after her marriage and therefore, she ceased to belong to Gond Scheduled Tribe, and she is not eligible to contest the election as Scheduled Tribe candidate.

5. It is undisputed that the petitioner belongs to Scheduled Tribe, is a member of Kurkheda Nagar Panchayat and presently Chairman of Health, Sanitation and Nutrition Committee.

It is undisputed that the respondent No.3 originally belonged to Gond Scheduled Tribe and she married Tayar Mugal (a Muslim) on 9th April, 2010. It is undisputed that before marriage, name of the respondent No.3 was “Sharda Deorao Uikey” and the Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli Division issued certific