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2023 Supreme(MP) 352

ROHIT ARYA, SANJEEV S. KALGAONKAR
Jajpal Singh – Appellant
Versus
Ladduram Kori – Respondent


Advocates:
Sanjay Agrawal with S. S. Gautam, Rahul Gupta and R. S. Chauhan for appellant; R. D. Jain with Sangam Jain, Ajay Bhargava, Mayank Pathak and Divyansh Jain for respondent No. 1; Ankur Mody, Additional Advocate General for respondent/State.

JUDGMENT

1. These appeals, under section 2(1) of the Madhya Pradesh (Uchcha Nyayalaya Ki Khand Peeth Ko Appeal) Adhiniyam, 2005, are directed against the impugned judgment dated 12.12.2022 passed in W.P. No.4794/2020 and, thus are being decided by this common judgment.

For the sake of convenience, reference to parties is in accordance with title of W.A. No.1668/2022.

2. The subject matter at issue relates to verification of caste certificate of appellant/respondent no.5 Jajpal Singh, a sitting MLA, who has been issued a certificate of Scheduled Caste treating his caste as “NAT” on 6.11.2008 i.e. about fifteen years ago. The NAT caste appears at S.No.41 in Madhya Pradesh as per The Constitution (Scheduled Castes) Order, 1950.

The factual matrix of the case may be summarized thus :

(i) The appellant had obtained a caste certificate dated 2.12.1999 of “Keer” caste ; OBC in State of Madhya Pradesh and contested the election of Municipal Council, Ashoknagar.

(ii) One Baijnath Sahu filed W.P. No. 1330/2002 challenging the said caste certificate dated 2.12.1999. The writ Court disposed of the petition vide order dated 12.8.2002 with liberty to the petitioner to approach the competent forum

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