Back
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK RUSIA, PRADEEP MITTAL, JJ.
Rajendra Singh - Appellant
Versus
The State Of Madhya Pradesh And Others – Respondents
Writ Appeal No. 1218 of 2024
Decided On : 09-12-2025
(1) Constitution of India -- Art. 226 -- M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 -- S.122 -- maintainability of writ petition -- appellant contested election for post reserved for OBC category -- he did not have caste certificate -- election petition filed by wife of respondent No. 6 was dismissed on technical ground that no one raised any objection with respect to caste certificate after nomination was filed by appellant -- held -- although no one raised objection to nomination, it will not give any right to appellant to hold seat reserved for member of OBC category -- this would frustrate the very purpose of reservation -- dismissal of said election petition will not come in the way of respondent No. 6 to seek writ in the nature of quo warranto. [Paras 11 & 12]
(2) Right -- no right can be conferred by individuals which the person cannot possess under law. [Para 12]
(3) Constitution of India -- Art. 226 -- M. P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 -- S.122 -- maintainability of writ petition -- remedy of election petition availed by wife -- maintainability of writ petition filed by husband -- held -- though they are husband and wife, but both have independent standing in society as well as in democratic setup of country -- both are independent citizens and voters -- both have right to seek relief under law by adopting an independent proceeding -- availing of any remedy by wife does not debar husband from availing any remedy and vice versa. (1994) 4 SCC 526 followed. [Para 12]
(4) Constitution of India -- Art. 226 -- scope of power -- unless there is clear bar to jurisdiction of High Court, its power of issuing writs under Art. 226 can be exercised when there is any act which is against any provision of law or in violation of any Constitutional provision. 2006 (3) MPLJ 503 relied on. [Para 13]
(5) Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (M.P.) -- S. 122 -- appellant contested election for post reserved for OBC category -- he did not have caste certificate -- held -- caste certificate is always treated to be a valid proof of caste of any candidate -- self-declaration of caste not sufficient to contest election. (1994) 6 SCC 241, (2018) 6 SCC 162 and (2023) SCC Online MP 6869 referred to. [Paras 11 & 14]
¼1½ Hkkjr dk lafo/kku & vuqPNsn 226 & e-ç- iapk;r jkt ,oa xzke Lojkt vf/kfu;e] 1993 & /kkjk 122 & fjV ;kfpdk pyus ;ksX; gksuk & vihykFkhZ us vU; fiNM+s oxZ ds fy, vkjf{kr in ij fuokZpu yM+k & mlds ikl tkfr çek.ki= ugha Fkk & çR;FkhZ Øekad 6 dh iRuh }kjk Qkby dh xbZ fuokZpu ;kfpdk bl rduhdh vk/kkj ij [kkfjt dh xbZ fd vihykFkhZ }kjk ukefunsZ'ku Qkby fd, tkus ds i'pkr~ fdlh us tkfr çek.ki= ds laca/k esa dksbZ vkifÙk ugha dh & vfHkfu/kkZfjr & ;|fi fdlh us ukefunsZ'ku ij vkifÙk ugha dh] rFkkfi blls vihykFkhZ dks vU; fiNM+s oxZ ds lnL; ds fy, vkjf{kr LFkku xzg.k djus dk dksbZ vf/kdkj çkIr ugha gksxk & blls vkj{k.k dk ç;kstu gh fu"Qy gks tk,xk & mä fuokZpu ;kfpdk dh [kkfjth vf/kdkji`PNk dh ç—fr dh fjV dh bZIlk esa çR;FkhZ Øekad 6 ds vkM+s ugha vk,xhA ¼iSjk 11 ,oa 12½
¼2½ vf/kdkj & O;fä;ksa }kjk ,slk dksbZ vf/kdkj çnÙk ugha fd;k tk ldrk tks fof/k esa fdlh O;fä ds ikl ughaA ¼iSjk 12½
¼3½ Hkkjr dk lafo/kku & vuqPNsn 226 & e-ç- iapk;r jkt ,oa xzke Lojkt vf/kfu;e] 1993 & /kkjk 122 & fjV ;kfpdk pyus ;ksX; gksuk & iRuh }kjk fuokZpu ;kfpdk ds mipkj dk ykHk fy;k x;k & ifr }kjk çLrqr dh xbZ fjV ;kfpdk pyus ;ksX; gksuk & vfHkfu/kkZfjr & ;|fi og ifr&iRuh gSa] rFkkfi nksuksa dk lekt ds lkFk gh ns'k ds yksdrkaf=d ढkaps esa Hkh Lora= vfLrRo gS & nksuksa Lora= ukxfjd vkSj ernkrk gSa & nksuksa dks Lora= dk;Zokgh vaxhdkj dj fof/k ds v/khu vuqrks"k dh bZIlk djus dk vf/kdkj gS & iRuh }kjk fdlh mipkj dk ykHk fy, tkus ls ifr fdlh mipkj dk ykHk ysus ls fooftZr ugha gksrk] rFkk blds foijhr gksus ij iRuh fdlh mipkj dk ykHk ysus ls fooftZr ugha gksrhA ¼1994½ 4 ,llhlh 526 vuqlfjrA ¼iSjk 12½
¼4½ Hkkjr dk lafo/kku & vuqPNsn 226 & 'kfä dh O;kfIr & tc rd mPp U;k;ky; dh vf/kdkfjrk dk Li"V otZu ugha gks rc rd tc dksbZ ,slk dk;Z gks tks fdlh fof/k ds mica/k ds fo:) gks vFkok fdlh lkafo/kkfud mica/k ds vfrØe.k esa gks] vuqPNsn 226 ds v/khu fjV tkjh djus dh mldh 'kfä ç;qä dh tk ldrh gSA 2006 ¼3½ ,eih,yts 503 voyafcrA ¼iSjk 13½
¼5½ iapk;r jkt ,oa xzke Lojkt vf/kfu;e] 1993 ¼e-Á-½ & /kkjk 122 & vihykFkhZ us vU; fiNM+s oxZ ds fy, vkjf{kr in ij fuokZpu yM+k & mlds ikl tkfr çek.ki= ugha Fkk & vfHkfu/kkZfjr & tkfr çek.ki= dks lnk gh fdlh vH;FkhZ dh tkfr dk fof/kekU; lcwr ekuk tkrk gS & fuokZpu yM+us ds fy, tkfr dk Loçek.ku i;kZIr ughaA ¼1994½ 6 ,llhlh 241] ¼2018½ 6 ,llhlh 162 rFkk ¼2023½ ,llhlh v‚uykbu ,eih 6869 fufnZ"VA ¼iSjk 11 ,oa 14½
ORDER :
Vivek Rusia, J.
The present appeal has been filed by the appellant under Section 2(i) of M.P. Uchcha Nyayalaya Khandpeeth Ko Appeal Adhiniyam, 2005, being aggrieved by order dated 09.05.2024 passed in W.P. No.17520/2022 by the writ Court, whereby the Writ Petition No.17520/2022 filed by respondent No.6/ petitioner therein has been allowed and the appellant herein has been declared ineligible to hold the post of Member, Zila Panchayat, Ward No.3, Raisen and the said seat was declared vacant.
The facts of the case, which are not in dispute, are as under :-
2. The appellant contested the election of Member Zila Panchayat, Raisen, from Ward No.3, which was reserved for members of Other Backwards Class ( O.B.C). The appellant herein submitted a nomination form along with an affidavit declaring that he belongs to the O.B.C. category, whereas he does not possess the OBC caste certificate. However, the appellant is claiming himself to be "Pal Baghele" (notified as O.B.C. Caste at Serial No.23 for the State of Madhya Pradesh) to become a member of Other Backwards Class, but admittedly does not possess the caste certificate of the same.
2.1 Smt. Pooja Chouksey, the wife of respondent No.6 contested the said election but lost the same. The appellant was declared elected for the said post as he secured the highest votes. Smt. Pooja Chowksey filed an Election Petition bearing Case No.0002/Election Petition/2022 [Pooja Chowksey Vs. Rajendra Baghel] under Section 122 of M.P. Panchayati Raj Avam Gram Swaraj Adhiniyam, 1993, challenging the election of this appellant inter alia on the ground that the appellant belongs to the General category and did not produce the O.B.C. caste certificate and thus the election should be declared as void.
3. Vide order dated 19.12.2023 passed by the Labour Commissioner, Bhopal, the Election Petition came to be dismissed on the ground that after submission of nomination papers by the appellant herein, no one raised any objection with respect of caste certificate, therefore, on the basis of the affidavit, the election form was rightly accepted and the Election Petition is devoid of merits and dismissed, accordingly.
4. During the pendency of the said Election Petition, the Respondent No.6 sought a writ of quo warranto, contending that the present appellant herein had no authority to hold the post of Member, Zila Panchayat, as he is a candidate of the General category and the said post was reserved for Other Backwards Classes. The learned Writ Court specifically asked questions from the appellant as to whether he belongs to the O.B.C. Category and does possess a caste certificate of the same or not; and the appellant answered the same in the negative. Therefore, the Writ Court has declared him ineligible to hold the aforesaid post of ward member of Zila Panchayat and set aside his election ; hence, this Writ Appeal before this Court.
Submissions of Appellant.
5. Shri Mrignendra Singh, learned Senior Counsel appearing for the appellant, submitted that the Writ Court has committed an error of law and has travelled beyond its jurisdiction by deciding the issue of the caste of the appellant that he is a candidate of non- O.B.C. Category. The declaration of a cast or cast certificate dispute is well within the jurisdiction of the High Level Caste Scrutiny Committee, Madhya Pradesh High Court. By declaring that the caste "Pal Baghele" is a General caste has a far-reaching effect as members of the said community would not get the benefit of OBC in future. The learned Court has decided the caste of the appellant by asking a question in the Court; such a procedure is not permissible in law. The issue "Whether the appellant belongs to the 'Pal Baghele' caste/O.B.C. or not ?" is pending before the High Level Caste Scrutiny Committee of the Madhya Pradesh High Court; hence, till then, the appellant is liable to be continued on the post of member Zilla Panchayat.
6. Shri Mrignendra Singh , learned Senior Counsel, has relied on
Caste certificates must be challenged through statutory procedures, not writ petitions; disputes regarding caste status are to be resolved within the framework of the applicable legislation.
The Caste Scrutiny Committee's determination of caste validity is exclusive and cannot be challenged in election petitions without clear evidence of fraud or error.
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.
The election procedure mandates strict adherence to nomination rules, and the High Court can intervene even when alternative remedies exist, acknowledging the violation of rights of the unopposed can....
The court emphasized that a writ petition can be entertained to protect the right to a fair election, even in cases where an election petition may exist as an alternate remedy.
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
