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2016 Supreme(Chh) 442

DEEPAK GUPTA, SANJAY K.AGRAWAL
Babita Balmiki – Appellant
Versus
Amrika Bai – Respondent


Advocates Appeared:
For the Petitioner: Shri Parag Kotecha
For the State : Shri Prafull N. Bharat
For the Respondent: Shri Dharmesh Shrivastava

ORDER :

Deepak Gupta, J.

The following question has been referred for decision to the larger Bench:

"Whether the Election Tribunal under Section 441 of the Chhattisgarh Municipal Corporation Act, 1956 is entitled to consider and decide the question as to whether the returned candidate was entitled to contest from the served seat (Scheduled Caste) which includes the question of verification/determination of caste of the returned candidate for the limited purpose of deciding validity of election or the Election Tribunal's jurisdiction is barred under Section 16 of the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 in that regard and the matter has necessarily to be referred to the High Power Certification Scrutiny Committee under Section 7 of the Act of 2013 for that purpose?"

2. The issue involved is whether Section 16 of the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 (hereinafter called 'the Certification Act') bars the Election Tribunal constituted under Section 441 of the Chhattisgarh Municipal Corporation Act, 1956 (h






























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