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HARISH KUMAR
Mushrat Khatun – Appellant
Versus
State Election Commission (Panchayat) – Respondent
Harish Kumar, J. – Heard the parties.
2. Since the issue involved in both these writ petitions are one and the identical, thus the same are being taken up and heard analogously and being disposed of by this common order, with the consent of the parties.
3. The challenge made in both the writ petitions is/are the orders of the State Election Commissioner (respondent no. 2), both dated 15.06.2023 by which the matter has been relegated to the Caste Scrutiny Committee of the General Administration Department for determination of caste/social status of the petitioners. The petitioners also sought a declaration that the State Election Commissioner, while exercising his quasi judicial power, was/is under obligation to decide the dispute under Section 136 (2) of the Gram Panchayat Raj Act, 2006 only on the basis of unimpeachable evidence produced by the parties and the State Election Commissioner cannot collect the evidence against an elected representative when a vague complaints unsupported by clinching and unimpeachable evidence is filed before it.
4. The short facts, as gleaned from the record, leading to filing of the present writ petitions are enumerated hereinunder.
5. The petitioner in
The decision of the Caste Scrutiny Committee regarding caste status is considered final and unimpeachable unless set aside by a competent court, and the State Election Commission can act on such find....
The Caste Scrutiny Committee's determination of caste validity is exclusive and cannot be challenged in election petitions without clear evidence of fraud or error.
The main legal principle established in the judgment is that the State Election Commissioner must consider disqualification issues based on unimpeachable materials and relegate parties to a competent....
The judgment underscores the significance of adhering to statutory limitations and pursuing alternative legal remedies for challenging election disputes, while also emphasizing the requirement of pub....
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