A caste certificate issued by another state cannot qualify a candidate for reserved election positions in Madhya Pradesh.

ORDER :

1. The petitioner has filed the present Civil Revision under Section 441-F (2) of the  Madhya Pradesh Municipal Corporation Act, 1956 (in short 'the Act of 1956') challenging the validity of the order dated 23.02.2018 passed by the District Judge, Ujjain, dismissing the election petition.

FACTS OF THE CASE

2. The election for the post of Mayor in Ujjain Municipal Corporation was held on 12.08.2015, the result of which was declared on 16.08.2015 and published in the M.P. Gazette Notification dated 22.08.2015. In the election, Smt. Meena Jonwal was declared as Mayor. In the said election, the post of Mayor was reserved for Scheduled Tribe Category.

2.1. The petitioner submitted her nomination form on 28.07.2015 along with all necessary documents. Respondents No.3 to 7 also submitted their nomination forms. The name of the petitioner was recorded in the voter list of 2015 at Serial No.160 of Ward No.43, Municipal Corporation, Ujjain.

2.2. Respondent No.2 rejected the nomination form of the petitioner on 29.07.2015 as the same was not supported by the caste certificate issued by the Competent Authority of the State of Madhya Pradesh.

2.3. Being aggrieved by the rejection order dated 29.07.2015 and notification of election dated 22.08.2015, the petitioner filed an election petition before the District Judge, Ujjain.

2.4. According to the petitioner, she was born in Sawai Madhopur, Rajasthan in the house of Dr. Arjunlal Bairwa. 'Bairwa' is a Scheduled Tribe in the State of Rajasthan. She possesses a caste certificate of Scheduled Tribe issued by the Competent Authority of the State of Rajasthan. The petitioner was married to Shri Manish Gehlot on 15.05.1998 and since then, she has been residing at Mangli Sadan, 2 – M.I.G. Laxmi Nagar, Ujjain. She became a permanent resident and voter of Ward No.43, Ujjain. According to the petitioner 'Bairwa' caste is a Scheduled Tribe in the State of Madhya Pradesh as well as in the State of Rajasthan, therefore, respondent No.2 has illegally rejected her nomination form, which deprived her of contesting the election on the post of Mayor.

2.5. Notices were issued in the Election Petition to the respondents. Respondents No.1 & 2 did not file any returns. Respondent No.3 filed a return by submitting that the petitioner did not submit any caste certificate issued by the Competent Authority of the State of Madhya Pradesh, therefore, she is not entitled to contest the election on a reserved post. The caste certificate issued by the State of Rajasthan is not valid. Rests of the respondent were formal parties and remained ex parte.

2.6. The learned District Judge framed four issues for adjudication, evidence was recorded and vide order dated 23.02.2018 dismissed the election petition by holding that the nomination paper of the petitioner had rightly been rejected. Hence, the present civil revision is before this Court.

SUBMISSION OF PETITIONER'S COUNSEL

3. Shri Girish Patwardhan, learned Senior Counsel appearing for the petitioner submits that the 'Bairwa' comes under the category of Scheduled Tribe in the State of Rajasthan as well as in the State of Madhya Pradesh. The petitioner has the caste certificate of Scheduled Tribe from the Competent Authority in the State of Rajasthan, therefore, she was entitled to contest the election to the post which was reserved for Scheduled Tribe.

3.1. Shri Patwardhan, learned Senior Counsel further submits that under Section 24-A(2) of the Madhya Pradesh Nagarpalika Nirvachan Niyam, 1994 (in short 'the Rules of 1994'), the Election Officer is not authorized to reject the nomination form, therefore, rejection