JUDGMENT

G.S.AHLUWALIA, J. - The Petitioner Ladduram Kori, has also filed an Election Petition against the respondent no. 5 which is registered as E.P. No. 8/2019 and by order dtd. 5/9/2022, passed in E.P. No. 8/2019, it was directed that this petition shall be taken up along with E.P. No. 8/2019 for analogous hearing. The said order was affirmed by Supreme Court by order dtd. 14/10/2022 passed in S.L.P. (Civil) No. 18154/2022.

2. Thereafter, the recording of evidence started in E.P. No. 8/2019 and on 5/12/2022, an objection was raised by the Counsel for the respondent no. 5, that the Election Petitioner/Petitioner in the present case, cannot give any evidence relating to any material touching the merits of this case, because it may prejudice the mind of this Court.

3. Although this Court negatived the submission made by the Counsel for the respondent no. 5 that any evidence given by Election Petitioner would prejudice the mind of the Court, because each and every case is to be decided on the basis of material available in the said case, but even then in order to avoid any confusion in the mind of the respondent no. 5, this Court deferred the recording of Examination-inchief of Election Petitioner. Since, the respondent no. 5 was creating all sorts of hurdle in recording of evidence in respect of the previous conduct of the respondent no. 5, by objecting that the genuineness of Caste Certificate cannot be adjudicated in Election Petition, therefore, this Court was left with no other option, but to take up this case first, because the respondent no. 5 who is a sitting M.L.A. cannot be permitted to hamper the progress in E.P. No. 8/2019 as well as to keep this petition pending. Accordingly by order dtd. 5/12/2022, the recording of evidence of Petitioner in E.P. No.8/2019 was deferred and it was directed that the present case shall be taken up for final hearing at motion stage on 9/12/2022. Accordingly, this case has been heard finally at motion stage. Furthermore, as per the direction of the Supreme Court in the case of Madhuri Patil (Supra) this Petition should have been decided within six months whereas more than 2 years and 09 months have passed from the date of filing of this petition. Therefore, also, it was necessary to decide this petition urgently.

4. This petition under Article 226 of the Constitution of India has been filed seeking the following relief(s) :

(i) That, the impugned order dtd.18/12/2019 (Annexure P.1) may kindly be set aside.

(ii) That, the impugned caste certificate No.31/B121/08-09 dtd. 6/11/2008 issued in favor of respondent no.5 Jajpal Singh may kindly be cancelled.

(iii) That, appropriate direction to the respondent authority be issued to take appropriate action against the respondent no.5 Jajpal Singh in the light of direction issued by the Hon'ble Supreme Court in the case of Madhuri Patil.

(iv) That, any other relief deem fit in the interest of justice may kindly be granted including the cost.

5. According to the Petitioner, he belongs to Kori Caste, which is a Scheduled Caste in the State of M.P. In exercise of power under Article 341 of Constitution of India, the President of India has declared "Nat" Caste as Scheduled Caste in the State of M.P. A provision for reservation has been made in order to uplift the down trodden and under privileged persons, but unscrupulous persons, who belong to unreserved category and belong to higher social and economical status, have obtained false caste certificates in order to take advantage of reservation.

6. It is the case of the petitioner that forefather of the respondent no. 5 were the residents of Punjab and they migrated from Punjab and settled down in the State of M.P.

7. Initially, the respondent no. 5 obtained the Caste Certificate of "OBC" by claiming himself to be the member of "Keer" Caste and on the basis of such Caste Certificate, he contested the election of Municipal Council Ashok Nagar and got elected as President, Municipal Council, Ashok Nagar