DILIP RAI BALWANI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition seeks the quashing of the order dated 25 April 2014 passed by the Returning Officer whereby the objection filed by the petitioner for rejecting the nomination of respondent No.5 that had been filed for contesting the 74, Machhli Sahar, Parliamentary Constituency in District Jaunpur for the 2014 Lok Sabha Election reserved for a Scheduled Caste candidate, has been rejected.

(2.) An Amendment Application has been filed for adding two more reliefs. The said application has been allowed by order of date. The additional reliefs that have claimed are as follows:-

(3.) The petitioner and respondent No.5 had submitted their nomination papers as candidates belonging to the Scheduled Castes. The petitioner objected to the filing of the nomination paper by respondent No.5 as a candidate belonging to the Scheduled Caste on the ground that he did not actually belong to the Scheduled Caste. The Returning Officer rejected the objection filed by the petitioner by an order dated 25 April 2014. The Returning Officer found that the Tehsildar, Seelampur had issued a Scheduled Caste certificate in favour of respondent no.5 on 20 December 2007. Verification was sought and he was informed that a certificate had been issued but what was also stated was that some complaints had been filed regarding the caste of respondent no.5 and an inquiry was being conducted. The Returning Officer, therefore, concluded that the nomination of respondent no.5 could not be rejected since an enquiry was only pending and the caste certificate had not been cancelled.