R.R.YADAV, J. - (1.) HEARD the learned Senior Advocate, Sri Ravi Kiran Jain assisted by Sri Pushkar Mehrotra appearing on behalf of petitioner. Perused the averments made in the writ petition. With the assistance of the learned Counsel for the petitioner. I have gone through with the order passed by Election Tribunal dated 5 -1 -2001. Annexure -5 to the writ petition as well as revisional order dated 8 -11 -2001. Annexure -9 to the writ petition.
(2.) IT is contended by the learned Counsel for the petitioner that at the time of filing of nomination paper as a backward class candidate for the office of Pradhan, Smt. Harbans Kaur was required to produce a caste certificate to the effect that she belongs to backward class. Since she failed to produce the certificate of backward class, therefore. Returning Officer has rightly rejected her nomination paper and once nomination paper of Smt. Harbans Kaur was rejected due to non -filing of backward class certificate in support of her claim that she belongs to backward class, the came cannot be questioned under Section 12 -C of U.P. Panchayat Raj Act on the ground that her nomination paper was wrongly rejected. Suffice is to say in this regard that the Tribunal has to investigate as to whether the nomination paper of Smt. Harbans Kaur was wrongly rejected by the Returning Officer and on evidence adduced by both the parties, the Election Tribunal has committed no error in holding that the nomination paper of Smt. Harbans Kaur was wrongly rejected. The Revisional Court also after analytical discussion of materials available on record with interference to relevant law on the subject has committed no error in affirming the order passed by Election Tribunal.
(3.) IT is next contended by the learned Counsel for the petitioner that there is no averment in the election petition that wrongly rejection of nomination paper of Smt. Harbans Kaur has materially affected the result of the election, therefore, on this ground the Election Tribunal as well as revisional Court have committed error in allowing the election petition.;