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2022 Supreme(Pat) 784

ASHUTOSH KUMAR, NAWNEET KUMAR PANDEY
Mahendra Rishideo – Appellant
Versus
Union of India – Respondent


Advocates:
For the Appellants : Mr. P.K. Shahi, Sr. Adv.
For the ECI : M/s Siddhartha Prasad, Sonit Kumar.
For the UOI : M/s Ravindra Kumar Sharma, Lokesh.

Headnote: Read headnote

Ashutosh Kumar, J.—Heard Mr. P.K. Shahi, learned senior Advocate for the appellants and Mr. Sonit Kumar for the Election Commission of India. The Union of India is represented by Mr. Lokesh.

2. The appellants are the voters of a particular Constituency from where the respondent no.11 has been declared elected as a M.L.A.

3. The appellants contend that the respondent no.11 won the election from a reserved Constituency, meant for scheduled caste candidate but, the respondent no.11 is not a person of scheduled caste candidate.

4. The respondent no.11 appears to have relied upon a certificate issued in his favour by the concerned District Magistrate declaring that he belongs to “Chaupal” caste which is included in the State list of schedule castes.

5. It is the contention of the appellants that the State Government is not authorized to make any addition or alternation in the list of Schedule Castes, which is maintained by the Union in accordance with Article 341 of the Constitution of India.

6. When the appellants had approached the learned Single Judge for i

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