Decided on October 05,2018

Kulsuma Begum Khatoon Appellant


VIJAY KUMAR SHUKLA - (1.) In the present intra-court appeal filed by the appellant/petitioner a challenge has been made to the order dated 20.09.2018 passed by the learned Single Judge in W.P. No. 23434/2017 whereby the High Level Scrutiny Committee (Hereinafter the same shall be referred as "Scrutiny Committee") for cast verification has been dismissed.
(2.) The facts, in short, are that the petitioner was born in the year, 1978 at Billage Barauli, Tehsil Ajaygarh, Districtr Panna in a Syed Family known as 'Kazi' family. On 27th October, Collector Panna has notified the election for the post of Sarpanch of Village Barauli, District Panna. The said seat was reserved for 'OBC Woman'. The petitioner filed a nomination for the post of Sarpanch as 'OBC' candidate. In the nomination form she stated that she is a married lady and mother of three children and is resident of Village Barauli. She filed a cast certificate which was obtained 15 days prior to the date of filing the nomination. It is stated that respondent no.10 being a social worker raised an objection before the Returning Officer and requested for cancellation of the candidature of the petitioner on the ground that she does not belong to "Momin Julaha' community (OBC). Since the said objection was not considered, the respondent no. 10 filed a writ petitioner comprising W.P. 1554/2015 (Quazi Ziyauddin Vs. M.P. State Election Commission) making a prayer for restraining the petitioner from contesting the election of Sarpanch as she was not entitle to contest the said election. In view of the Constitutional Bar under Article 243-O of the Constitution, the writ Court decline to interfere and asked the respondent no. 10 to avail the alternative remedy by filing an election petition. The respondent no. 10 invoked the writ appellate jurisdiction in W.A. No. 84/2015. The said writ appeal was also disposed of by affirming the order passed by the learned Single Judge in view of the constitutional provision with a direction to the authority, that if the contention of the respondent no. 10 that the present appellant had produced the bogus certificate, the authorities will be obliged to take appropriate action against the appellant/respondent no.5 in the said appeal. The election was conducted on 22.02.2015 and the appellant was elected by margin of four votes for the post of Sarpanch. In the light of the aforesaid observation, the respondent apprised authorities regarding bogus cast certificate. It is alleged that no action was taken by the authorities on his representation. In the meanwhile, the Election Commission, directed the Sub-Divisional Officer to enquire about the complaint of the respondent no.10 against the present appellant. It is stated that the said representation was also forwarded to the Sub-Divisional Officer, Devas. By order dated 17.05.2016 the Sub-Divisional Officer, Devas held that the caste certificate issued to the present appellant on 19.12.2014 is correct and genuine. It is also alleged that another SDO, Ajay Garh, District Pannal also followed the same order passed by Sub-Divisional Officer, Deval. Being aggrieved by the said order, the respondent no.10 filed an appeal before the Additional Collector, Devas. The said appeal was also dismissed by order dated 17.08.2016 on the ground that no appeal is prescribed against such an order.
(3.) The respondent no.10 has also filed a criminal complaint against the present appellant for obtaining a fraudulent caste certificate under the Provisions of Section 200 of Cr.P.C. before the Judicial Magistrate 1 st Class. The said Magistrate has taken cognizance on the said complaint and the case has been registered. The case has been committed to the Sessions Court, Panna and after framing of the charge the same is pending before the Court of 1st Additional Sessions Judge, Panna.;

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