- (1.)The municipal election convened for Ward No. 16 of Municipal Council, Shivpuri was questioned by the petitioners in an election petition, preferred in terms of section 20 of M. P. Municipalities Act against respondent Govind Singh, on the ground that he belongs to Rajput Caste and is not a member of Scheduled Tribe, for which Ward No. 16 was reserved, for the election of its representatives. The election petition was tried by IVth Additional District Judge (Fast Track), Shivpuri in Election Petition No. 2/2005 and by Judgment dated 4-8-2005 the election petition has been dismissed.
(2.)The election petitioners who had themselves contested the election, held on date 20th December, 2004 had raised an objection before the returning officer, that respondent No. 1 Govind Singh belong to general category, being a member of Rajput Caste whereafter his candidature against the reserved constituency should not be permitted, but the returning officer while conducting some preliminary investigation, based upon the Caste Certificate, produced by respondent No. 1, found him to be a member belonging to Scheduled Tribe and permitted him to participate in the election process. Incidentally, Govind Singh was declared as returned candidate from Ward No. 16 and a Certificate of election was issued in his favour whereafter an election petition was filed on behalf of the petitioners under section 20 of M. P. Municipalities Act before the District Judge, Shivpuri.
(3.)The election tribunal had permitted the election petitioner and the returned candidate to lay oral and documentary evidence for substantiating their respective stand, pursuant to which election petitioners have examined Makkhan and Raju Adivasi as P.W. 1 and P.W. 2 and an independent witness Laxman Rawat was examined as P.W. 3. These witnesses have exhibited on record the mark-sheet of Govind Singh issued by Higher Secondary School No. 2, Shivpuri and a copy of Khasra of an agricultural land situated at Village Barodi Sadak, containing the name and description of family members of respondent No. 1, to demonstrate that he belong to Rajput Caste.