IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA th ON THE 13 OF MARCH, 2024 WRIT PETITION No. 7099 of 2023 BETWEEN:-

JASRAJ S/O NANURAM BALAI, AGED: 60 YEARS, RESIDENT OF VILLAGE TELANKHEDI JAGOLI, TEHSIL AND DISTRICT NEEMUCH (MADHYA PRADESH)

.....PETITIONER (BY SHRI NITIN PHADKE - ADVOCATE.)

AND

1. THE SPECIFIED OFFICER-CUM-SUB DIVISIONAL OFFICER (REVENUE), DISTRICT NEEMUCH (MADHYA PRADESH)

2. RAJA S/O RAMESH KAITHWAS, AGED: 35 YEARS, RESIDENT OF VILLAGE ARNIA KUMAR, TEHSIL AND DISTRICT NEEMUCH (MADHYA PRADESH)

3. SONU CHAPRI S/O BADRILAL CHAPRI, AGED: 35 YEARS, RESIDENT OF VILLAGE TELANKEDI JAGOLI, TEHSIL AND DISTRICT NEEMUCH (MADHYA PRADESH)

4. RAVI S/O BABULAL KETHWAS, AGED: 35 YEARS, RESIDENT OF VILLAGE ARANIA KUMAR, TEHSIL AND DISTRICT NEEMUCH (MADHYA PRADESH)

.....RESPONDENTS (RESPONDENT NO.1 - STATE OF MADHYA PRADESH BY SHRI RAJWARDHAN GAWDE - ADVOCATE APPEARING ON BEHALF OF ADVOCATE GENERAL.

RESPONDENT NO.2 BY SHRI SIDDHARTH DHARMADHIKARI -

ADVOCATE.

NONE APPEARS FOR RESPONDENTS NO.3 AND 4.)

This petition coming on for admission this day, the court passed the following:

Signature Not Verified Signed by: RAMESH

ORDER

The petitioner has filed the present petition under Article 226 of Constitution of India challenging order dated 13.03.2023, 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 25.06.2022 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 23 of Madhya Pradesh Panchayat (Election Petition, Corrupt Practices and Disqualification for Membership) Rules, 1995.

4. The Specified Officer-cum-Sub Divisional Officer (Revenue), District Neemuch (Respondent No.1) has held that the petitioner was born in Village Arar, District Chittorgarh (Rajasthan) and migrated to the State of Madhya Pradesh and he is not having a Caste Certificate of Scheduled Caste issued by the Competent Authority in the State of Madhya Pradesh, therefore, he is not entitled to hold the post of Sarpanch; and accordingly, the election of the Signature Not Verified Signed by: RAMESH petitioner has been set aside. Hence, this petition before this Court.

5. Shri Nitin Phadke, learned counsel appearing for the petitioner submits that the Caste of ‘Balai’ comes under the list of SC in the State of Madhya Pradesh also. His all family members are having Caste Certificate. The petitioner also applied for issuance of Caste Certificate, but the same has been rejected, against which, he filed an appeal, which is still pending.

6. It is not in dispute that he belongs to 'Balai' Community, therefore, he was qualified to contest the election of Sarpanch and as his name is included in the voter list of Gram Panchayat and he is fulfilling all the qualifications for the post of Sarpanch. He is also not incurring any disqualification as prescribed under Section 36 of the Representation of People Act, 1951. Therefore, his election has wrongly been set aside.

7. It is further submitted that he was not given any opportunity to lead evidence, therefore, the impugned order is liable to be set aside; and the matter be r