Sushma vs State Of Rajasthan And Ors

The instant writ petition has been filed by the petitioner for seeking a direction to accept her nomination form and include her name in the ballot paper

for the post of Sarpanch for Gram Panchayat Chopanki, Tehsil Tizara, District Alwar.

Counsel for the petitioner submitted that the petitioner after marriage has settled in Rajasthan in District Alwar and she belongs to Scheduled Caste

Category. Counsel submitted that the petitioner before her marriage was resident of Haryana State and she was also declared as Scheduled Caste

Category in Haryana and by virtue of her marriage in Rajasthan, she also becomes entitled to the benefits of Scheduled Caste Category, after being

married with her husband.

Counsel submitted that the petitioner had approached the respondents by submitting the nomination form for contesting election, however, the same

was not accepted on the plea that the petitioner has not produced certificate of her caste from any Authorized Officer of the Rajasthan. Counsel

submitted that rejection/non acceptance of form of the petitioner is arbitrary.

Mr. Gajanand Mishra Manav, Addl. Govt. Counsel, is present in the Court, who represents Panchayati Raj Department in other cases has assisted the

Court.

Counsel for the respondents submitted that this Court in S.B.Civil Writ Petition No.811/2020 has decided the controversy with regard to requirement

of possessing caste certificate from the State Authorities of Rajasthan.

This Court finds that the petitioner in fact ought to have possessed the requisite certificate from the State Authorities for making her entitled to contest

the election. This Court further finds that if the petitioner has any grievance in respect of non acceptance of her nomination form for the post of

Sarpanch, the writ petition is not the right remedy.

This Court further finds that the election process has already been set in motion and interference by this Court under Article 226 of the Constitution of

India will be in contravention to the principles laid down by the Apex Court in the case of NP Ponnuswami Vs. Returning Officer, Namakkal

Constituency & Ors. reported in AIR 1952 SC 64.

This Court does not find any force in the petition, however, if the petitioner has any other statutory remedy, she is free to avail the same, as provided

under the law.

Accordingly, the present writ petition stands disposed of.