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2003 Supreme(Cal) 355

AMITAVA LALA
BIDHYA CHARAN SINHA – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
BHARATI MUTSUDDI, Champak Ghosh, L.C.BEHANI, N.C.BIHANI, Pushan Kar, RABILAL MAITRA, SOUMITRA DAS GUPTA, UTPAL MAJUMDAR, VASEF ALI MONDAL

AMITAVA LALA, J.

( 1 ) THE point is whether a Scheduled caste candidate having been elected from general or unreserved seat of a Gram panchayat can be a Pradhan of such Gram panchayat reserved for Scheduled Caste candidate or not. Factually there are altogether three successful scheduled caste candidates. Out of the three candidates two won from the reserved seats when another won from unreserved or general seat.

( 2 ) MR. Utpal Majumdar, learned Counsel appearing for the petitioner contended that whenever a seat is reserved for Scheduled caste candidate there should be true reflection of representation of such community. A Scheduled Caste candidate having been represented from general seat cannot be the true representative of the Scheduled Caste community. Moreover, there was no scope of enquiry of the candidature of such Scheduled caste candidate when the nomination paper had been filed by him as a general candidate.

( 3 ) HE has drawn my attention to the situation of the grass-root level where according to him, everything is possible to achieve the goal. According to me, it is true that illiteracy in the grassroot level gives rise to muscle power not and intellectual power. Suc
































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