Back
VIVEK RUSIA
Jasraj S/o Nanuram Balai – Appellant
Versus
Specified Officer-Cum-Sub Divisional Officer (Revenue), Neemuch – Respondent
ORDER :
The petitioner has filed the present petition under Article 226 of Constitution of India challenging order dated 13-3-2023, whereby election petition filed by respondent No. 2 has been allowed; and the election of the petitioner to the post of Sarpanch of Gram Panchayat, Jagoli, Tehsil and District Neemuch (M.P.) has been aside.
2. The election of Sarpanch, Gram Panchayat, Jagoli, Tehsil and District Neemuch (M.P.) was held on 25-6-2022 in which the petitioner and respondents No. 2 to 4 contested for the post of Sarpanch. Admittedly, the post of Sarpanch was reserved for a candidate of Scheduled Caste (SC) Category. The petitioner submitted a nomination form as a SC Candidate, as he is claiming himself to be a ‘Balai’, which is a Scheduled Caste in Madhya Pradesh as well as in State of Rajasthan. In the election, the petitioner secured 362 votes and the election petitioner (respondent No. 2 herein) secured 235 votes; and accordingly, the petitioner was declared elected.
3. Respondent No. 2 filed an election petition under section 122 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (herein after referred to as Panchayat Act, 1993) along with Rules 3.21 and
A valid Caste Certificate from the state of contest is essential for candidates claiming SC/ST status in elections.
The main legal point established in the judgment is that the vacant post of Sarpanch, as per the amended second proviso to Section 43 of the Maharashtra Village Panchayats Act, must be filled by elec....
A Sarpanch removed by a motion of no-confidence is not statutorily barred from contesting a by-election for the same post under the Maharashtra Village Panchayats Act, 1959.
A person elected in a general category to a Gram Panchayat can contest for the post of Adhyaksha or Upadhyaksha in a reserved category, as long as they belong to that reserved category.
A candidate's eligibility to contest in elections must align with the reservation categories at the time of nomination, and subsequent changes in caste status do not retroactively validate an electio....
A caste certificate issued by another state cannot qualify a candidate for reserved election positions in Madhya Pradesh.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
