ORDER :

The present petition under Article 226 of the Constitution of India has been filed challenging the order dated 16.11.2023 (Annexure P-16) passed by the Commissioner, Jabalpur Division, Jabalpur (MP), whereby the election of the petitioner to the post of Member, Zila Panchayat, has been set aside by allowing the election petition filed by the present respondent No.1.

2. The said election has been set aside on the ground that the seat in question was reserved for Scheduled Caste (SC) and the petitioner is not a member of SC community, hence, is disqualified to be elected from a reserved seat for that category. Further, fresh election has been ordered in the constituency.

3. The learned senior counsel appearing for the petitioner, while assailing the order of the Election Tribunal of the Commissioner, states that the petitioner is a member of Bagdi Caste, which is duly notified Scheduled Caste for the State of Madhya Pradesh, and is entered at Sr. No. 2 for the list of SCs for the State of Madhya Pradesh.

4. The learned counsel submits that though the petitioner had not submit