- (1.) Radhesh Kumar is before this Court with the request to cancel the caste certificate issued in favour of Smt. Anchal as a Schedule Caste candidate.
(2.) Smt. Anchal is 'Dom' by birth i.e. Scheduled Caste and as per the petitioner she has proceeded to marry Arjun Singh, who is from Upper Caste. It has been contended that she has contested the election for the purpose of Zila Panchayat Member from the seat reserved for the candidates belonging to Scheduled Caste/Scheduled Tribe. Petitioner has contended that in such a situation and in this background, once she has got married to an incumbent who is from Upper Caste, then she looses the status of her basic/original caste if she married in other caste or religion and in view of this, the certificate that has been issued in her favour as Scheduled Caste candidate is per-se bad and accordingly, petitioner is before is this Court with the request to issue directives for cancellation of the caste certificate of respondent no.3.
(3.) Counsel for the petitioner Shri Prabhat Chandra Mishra, Advocate appearing with Shri P.K. Mittal, Advocate has contended that once Smt. Anchal has married to a person belonging to Upper/Forward Caste, then she cannot remain eligible to contest the election from the seat reserved for the Scheduled Caste candidate and as such, requisite relief be accorded.;