IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE

9th OF MAY, 2024 WRIT PETITION No. 17520 of 2022 BETWEEN:-

RAKESH CHOUKSEY S/O SHRI SHYAM LAL CHOUKSEY, AGED ABOUT 40 YEARS, OCCUPATION: BUSINESS R/O ROYAL CITY, IN FRONT OF BHAGWATI GARDEN, SAGAR ROAD, RAISEN, DISTRICT RAISEN (MADHYA PRADESH)

.....PETITIONER (NONE)

AND

1. STATE OF MADHYA PRADESH, THROUGH ITS PRINCIPAL SECRETARY, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. STATE ELECTION COMMISSION, THROUGH ITS SECRETARY, NIRVACHAN BHAWAN, ARERA HILLS, BHOPAL, DISTRICT BHOPAL (MADHYA PRADESH)

3. COLLECTOR/DISTRICT ELECTION OFFICER, DISTRICT RAISEN M.P. (MADHYA PRADESH)

4. RETURING OFFICER (PANCHAYAT)-CUM-SUB DIVISIONAL MAGISTRATE, RAISEN, DISTRICT RAISEN (MADHYA PRADESH)

5. TEHSILDAR, RAISEN, DISTRICT RAISEN (MADHYA PRADESH)

6. SHRI RAJENDRA SINGH S/O SHRI SANMAN SINGH R/O VILLAGE AND POST MEHGAON, TEHSIL RAISEN, DISTRICT RAISEN (MADHYA PRADESH)

.....RESPONDENTS (SHRI ROHIT JAIN – GOVERNMENT ADVOCATE FOR STATE, MS. NIKITA KAURAV – ADVOCATE FOR RESPONDENTS NOS.2, 3 & 4, SHRI MOHAN LAL SHARMA – ADVOCATEF OR RESPONDENT NO.6)

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

ORDER

This petition under Article 226 of Constitution of India has been filed seeking the following reliefs:

“(i) This Hon'ble Court may kindly be pleased to issue the Writ of Quo Warranto against the private respondent and further be pleased to restrain him from working as Member, Jila Panchayat Raisen for Ward No.3.

(ii) This Hon'ble Court may kindly be pleased to hold that, the private respondent does not belong to Other Backward Classes (OBC) category.

(iii) This Hon'ble Court may kindly be pleased to call for the records of election of Member, Jila Panchayat Raisen for Ward No.3, for kind perusal of this Hon'ble Court.

(iv) Any other relief/reliefs, order/orders, direction/directions which this Hon'ble Court may deem fit and proper may kindly be granted to the petitioner including the cost of petition.”

2. Since none appears for petitioner, therefore, this petition would be decided after going through the pleadings and documents filed alongwith the writ petition as well as submissions made by counsel for respondents.

3. According to the petition, post of Member, Jila Panchayat Raisen Ward No.3 was reserved for the member of Other Backward Classes. Respondent No.6 submitted his nomination form by submitting his affidavit that he belongs to O.B.C. category whereas according to petitioner, respondent No.6 belongs to Unreserved Category. It was also mentioned in the nomination form that since he is not in possession of caste certificate, therefore, on the basis of affidavit, his nomination paper was accepted and accordingly, he was declared elected.

4. It is the case of petitioner that caste of respondent No.6 is “Baghel” and not “Pal Baghele” and thus, this petition in the nature of quo warranto has been filed, pleading that respondent No.6 is not eligible to hold the post of Member Jila Panchayat Ward No.3, Raisen.

5. Respondent No.6 has filed his return and submitted that in view of specific bar under Article 243 ZG (B) of Constitution of India, the election to any municipality cannot be called in question by filing a writ petition under Article 226 of Constitution of India but it should have been questioned by filing an election petition. It is further submitted that whether respondent No.6 belongs to Baghel caste or Pal Baghele caste cannot be adjudicated by this Court because in the light of judgment passed by Supreme Court in the case of Kumari Madhuri Patil and another v. Additional Commissioner, Tribal Development and others reported in (1994) 6 SCC 241 the jurisdiction lies with High Level Caste Scrutiny Committee.

6. Similarly respondents Nos.2 to 4 have also filed their return and taken a similar defence. It is further submitted that wife of petitioner has also filed an election petition again