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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK RUSIA, PRADEEP MITTAL
Rajendra Singh – Appellant
Versus
State Of Madhya Pradesh – Respondent
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
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.
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