SANJAY K.AGRAWAL
Babita Balmiki – Appellant
Versus
Amrika Bai – Respondent
1. The election of Mayor, Municipal Corporation, Korba and Councillors of all the wards of Municipal Corporation, Korba including Ward No.7 was held on 29-12-2014. The petitioner herein/returned candidate and respondent No.4 herein/the election petitioner also contested the election for the post of Councillor from Ward No.7, which was reserved for Scheduled Caste (Woman). The petitioner was declared elected on 4-1-2015 against the seat reserved for Scheduled Caste (Woman).
2. The election petitioner/respondent No.4 herein in order to question the election of the returned candidate/petitioner herein filed election petition under Section 441 of the Chhattisgarh Municipal Corporation Act, 1956 (for short 'the Act of 1956'), stating inter alia that Ward No.7 is reserved for Scheduled Caste (Woman) and the returned candidate/petitioner herein does not belong to Scheduled Caste and on the basis of forged provisional caste certificate, her nomination was accepted and she was declared elected, and therefore, her election from Ward No.7 as Councillor be declared void and the election petitioner be declared elected as Councillor from Ward No.7 of Municipal Corporation, Korba. Issues we
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