Smt. Dhappo Bai vs SDO, Guna and Others

Sheel Nagu, J.—Learned counsel for the rival parties are heard on the question of admission. Since the issue raised herein lies in a narrow compass, this petition is being finally decided at admission stage with the consent of counsel for rival parties.

By this petition under Article 226 /227of the Constitution of India, challenge is made to the order dated 31.12.2010 issued by the Election Tribunal (SDO, Tahsil Guna), whereby the election of the petitioner to the office of Sarpanch, Gram Panchayat Berkhadi, Block Bamori, District Guna has been set aside after holding that the petitioner does not belong to the reserved category of Scheduled Tribe (Kherua), for which the said office was reserved.

A perusal of the impugned order of the Election Tribunal (SDO, Tahsil Guna) reflects that the entire exercise of holding the caste certificate issued in favour of the petitioner to be unlawful, has been undertaken by the Election Tribunal (SDO, Tahsil Guna) itself.

Tribunal has gone ahead to hold that the caste of the petitioner falls under item no. 58 of the list of Other Backward Class recognized in the State of Madhya Pradesh and not under any of the recognized Scheduled Tribes.

It is settled principle of law that after pronouncement of the decision in the case of Kumari Madhuri Patila and another Vs. Addl. Commissioner, Tribal Development and others, of the Apex Court the legality and validity of a caste/tribe status of an individual should be gone into by the Caste Scrutiny Committee constituted in terms of the decision of the Apex Court after following the procedure prescribed therein.

Thus, after the decision of the Apex Court in the abovesaid case of Ku. Madhuri Patil, the designated revenue authorities are though vested with the power to issue a caste or tribe certificate to an individual, but are not vested with the power to enquire into the legality of the same for which the power exclusively vested in the Caste Scrutiny Committee.

Election Tribunal (SDO, Tahsil Guna) has, thus, exceeded its jurisdiction vested in it under the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 by entering into the legality and validity of the tribe status of the petitioner without referring the matter to the Caste Scrutiny Committee. In view of the above, the impugned order of the Election Tribunal (SDO, Tahsil Guna) deserves to be and is, therefore set aside with the following directions:-

Election Tribunal (SDO, Tahsil Guna) is directed to refer the matter of legality and validity of the tribe status of the petitioner to the Caste Scrutiny Committee within 30 days from receipt of copy of this order;

Caste Scrutiny Committee on receipt of the case of the petitioner from Election Tribunal (SDO, Tahsil Guna), shall consider and decide the legality and validity of the tribe status of the petitioner after following the directives contained in the decision of the Apex Court in the case of Kumari Madhuri Patil (Supra) as expeditiously as possible preferably within a period of three months from the date of receipt of the case of petitioner;

Caste Scrutiny Committee is further directed to forthwith forward its final verdict to the Election Tribunal (SDO, Tahsil Guna);

On receipt of the final verdict of the Caste Scrutiny Committee, the Election Tribunal (SDO, Tahsil Guna) shall treat the same as binding on it and proceed ahead in terms of the findings of the Caste Scrutiny Committee in accordance with law and decide the election petition of respondent Smt. Sumitra Bai within two months of receipt of the findings of the Caste Scrutiny Committee.

No order as to cost.