- (1.) This statutory appeal under section 116A of the Representation of People Act 1951, is filed by an Election Petitioner against the judgment dated 7.6.2005 of the Himachal Pradesh High Court dismissing his Election Petition No.1 of 2003 challenging the election of the respondent (Bodh Raj) as Member of Legislative Assembly from 35-Gangath (SC) Assembly Constituency.
(2.) The case of the appellant in brief is that 35-Gangath Assembly Constituency is reserved for scheduled castes, that he and the respondent, among others were candidates for election from the said constituency. In the said election held on 26.2.2003, the respondent secured the highest number of votes namely 24499 and was declared as elected. The respondent had in his nomination paper declared that he belongs to a scheduled caste (Lohar) and in support of his claim, had produced a caste certificate dated 16.12.1991 issued by the Executive Magistrate, Indora, District Kangra certifying that he belonged to scheduled caste of Lohar. Only a few days before the polling, the appellant learnt that respondent does not belong to Lohar caste but belongs to 'Tarkhan' caste which is not a scheduled caste in the State of Himachal Pradesh. According to Appellant, the respondent was disqualified to contest the election in the Assembly Constituency reserved for scheduled caste and therefore, the election of the respondent was void.
(3.) The respondent resisted the said election petition. In his written statement, he asserted that he belonged to Lohar caste (a Scheduled Caste) and was eligible and qualified to contest as a candidate for the reserved Assembly Constituency (35-Gangath). He also contended that he was not served a complete and attested copy of election petition and therefore, the petition was liable to be rejected.;