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,