GOUTAM BHADURI, J.

1. The challenge in this election petition is to the election held for the Member of Chhattisgarh State Legislative Assembly of Area No.24 of Marwahi Constituency. The result of the election was declared on 09.11.2013 wherein the respondent Amit Ajit Jogi was declared as elected. One of the Candidate Sameera Paikra D/o Late Gangaram Kanwar who was a contesting candidate from BJP is the petitioner. Respondent no.1 Amit Ajit Jogi was contesting candidate of Indian National Congress. The returned candidate was Amit Ajit Jogi and secured total 82909 votes whereas Sameera Paikra was polled 38659 votes thereby respondent no.1 was declared elected.

2. The inter-alia ground of challenge is that on 28.10.2013 the petitioner filed an application for grant of social status (caste) certificate before the Tahsildar Pendra Road and Tahsildar Pendra Road without having any jurisdiction issued the caste certificate on the same day by completing enquiry. It was stated that respondent no.1 did not have valid caste certificate to contest the election as the seat was r