Hon’ble Sudhir Kumar Saxena, J.—This Election Petition filed under Section 80 of the Representation of People Act 1951 (hereinafter referred to as ‘the Act’) challenges the election of Sri Bhim Prasad Sonkar (respondent) elected as Member to the Legislative Assembly from Alapur (279) constituency of District Ambedkar Nagar. No prayer for declaring petitioner- Ajay Kumar as elected Member of the Legislative Assembly has been made.

2. Briefly stated petitioner’s case is that general elections to the Legislative Assembly were notified in the year 2012. Petitioner belongs to Gond caste, which is a Scheduled Castes and armed with a caste certificate, issued by Tehsildar, Akbarpur, Faizabad, on 27.9.1979, he had successfully contested the election of Pradhan, Gram Panchayat, Sugauti in the year 2010. Petitioner wanted to contest the election of the legislative assembly as such, he requested Returning Officer/ADM (Finance) to provide him nomination form which was not issued, asking petitioner to produce his caste certificate, issued after the year 1985, which demand was wholly unjustified.

3. On 14.1.2012, petitioner sent a complaint through FAX to the Chief Election Commissioner, whereupon nomination paper was provided to him on 16.1.2012. Petitioner filed his nomination paper on 19.1.2012, before Assistant Returning Officer/SDM, Alapur, who threatened to cancel the nomination if petitioner did not submit a caste certificate issued after the year 1985. Complaint of this threat was also made to Chief Election Commissioner on 20.1.2012. Scrutiny of nomination papers was done where petitioner produced original caste certificate. Yet Returning Officer rejected the petitioner’s nomination paper and declined to provide the copy of the order. Petitioner immediately made complaint to District Election Officer as well as to Chief Election Commissioner, State Election Commissioner etc. On 23.1.2012, petitioner sent an application to the State Election Commision, complaining wrongful rejection of nomination paper, whereafter copy of the rejection order dated 20.1.2012 was provided. Petitioner did seek an information under Right To Information Act, which information showed that Returning Officer had asked Tehsildar, Bhiti to conduct an enquiry regarding petitioner’s caste.

4. Tehsildar directed the Revenue Inspector to submit a report after enquiry. On 31.1.2012, Lekhpal submitted a report that upon enquiry, it was found that petitioner belongs to Kahar, a backward caste and relying upon this report, Tehsildar submitted a report that petitioner belongs to Kahar, which is a backward caste. It is stated that neither any information of enquiry was given nor any opportunity was provided to petitioner before submitting report.

5. On 1.2.2012, Returning Officer sent a letter to ADM, Ambedkar Nagar informing petitioner’s son - Master Amarkant and Daughter- Km. Savita were getting scholarship under the Scheduled Castes quota but Sri Param Dev, the Head Master of Primary School, Sugauti was called who informed that although their names were included amongst the students belonging to Scheduled Castes but, in fact, they belong to Kahar-backward caste. There is no person of Caste Gond (Scheduled Castes) in village-Sugauti.

6. On 3.2.2012, Deputy District Election Officer, Ambedkar Nagar informed Chief Election Officer that as per report of Tehsildar, Bhiti, petitioner does not belong to Gond- a Scheduled Caste of village-Sughauti. Sri Param Dev, the Head Master of Primary School, Sugauti who had removed the names of the petitioner’s children from the list of Scheduled Castes had himself issued a Transfer Certificate on 2.7.2007, certifying that petitioner’s daughter- Km. Savita belongs to Gond caste.

7. It is further stated that in the caste certificate issued to petitioner that he belongs to Gond- a Scheduled Caste has not been cancelled nor it has been challenged by anybody before any committee/forum. Tehsildar had no jurisdiction to recall or ca