SHANTANU KEMKAR, R.V.RAVEENDRAN
Roshanlal Maravi – Appellant
Versus
Shambhoo Singh – Respondent
( 1. ) THE post of Sarpanch of Gram Panchayat, Bangawan (Shahdol) was reserved for a Scheduled Tribe candidate in 1999-2000 elections. The first respondent, claiming that he belongs to Gond community, contested the election and was declared elected as Sarpanch on 5-1-2000.
( 2. ) THE Naib Tehsildar, Kotma issued a letter dated 22-12-2000 requiring the first respondent to submit documents in proof of his caste on 23-12-2000. In pursuance of it, he produced a caste certificate dated 27-10-1997 issued by the Naib Tehsildar, Kotma showing that he belonged to gond caste. In the meanwhile, it would appear that one Leeladhar Sharma (fourth respondent) filed a complaint that the first respondent did not belong to a Scheduled Tribe. After a preliminary enquiry, the Sub-Divisional Magistrate, Anuppur (third respondent herein), issued a notice dated 23-2-2001 to first respondent alleging that his enquiry revealed that the first respondent belonged to Village Devnandpur, District Gajipur, Uttar Pradesh and he was not a member of Scheduled Tribe and, therefore, he could not have contested the election for the post of Sarpanch of Bangawan Gram Panchayat, which was reserved for a Scheduled
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