GOUTAM BHADURI,J. - (1.) The present election petition is concerned with the election held in the year 2013 for the Chhattisgarh State Legislative Assembly Area No.74 of Dongargarh constituency and the result of the election was declared on 08.12.2013 and respondent No.1 Smt. Sarojani Banjari was declared as returned candidate.
(2.) The present petition is filed by one of the contesting candidates Dr. Thaneshwar Patila whose candidature was sponsored by the Indian National Congress and the candidature of returned candidate/respondent No.1 Smt. Sarojani Banjare was sponsored by Bhartiya Janta Party. Respondent No.1 was declared elected as returned candidate and she secured 67158 votes whereas the petitioner secured 66474 votes and the other respondents secured different number of votes. The constituency was reserved for the category of Scheduled Caste.
(3.) The challenge to the election of respondent No.1 Smt. Sarojani Banjari is made on the ground that since the seat was reserved for S.C. Category, as such, the nomination which was filed by her could only have been accompanied with a valid caste certificate. It is contended that filing of nomination on the basis of invalid caste certificate itself is bad, consequently the election which was contested by respondent No.1 on the basis of caste certificate was a nullity and against the provisions of section 5(a) of the Representation of People Act 1951. It is further contended that the State of Chhattisgarh has promulgated the Chhattisgarh Scheduled Castes, Scheduled Tribes and other Backward classes (Regulation of Social Status Certification) Act, 2013 (henceforth called as "The Act of 2013") in the Gazette on 29.04.2013 and the rules are made prescribing the procedure to obtain the caste certificate.;