HIGH COURT OF CHHATTISGARH: BILASPUR SINGLE BENCH HON'BLE SHRI JAGDISH BHALLA, Ag. CJ W.P.No. 3490 of 2006 Smt. Veena Vastrakar, wife of Sukhdev Vastrakar, resident of Village Vidhyasar (Binjhasar), Tahsil Takhatpur, District Bilaspur (Chhattisgarh) PETITIONER NON-APPLICANT .1 RESPOND6NTS DEFENDANTS VERSUS 1. 2, 3. 4. 5. 6. Smt. Vimlesh Banjare, wife of Dilip Banjare, resident of village Vidhyasar (Binjhasar), Tahsil Takhatpur, District Bilaspur (Chhattisgarh) PETITIONER Nonibai Vastrakar, wife of Krishna Vastrakar, resident of village Vidhyasar (Binjhasar), Tahsil Takhatpur, District Bilaspur (Chhattisgarh) Smt. Bisnabai Banjare, wife of Tihaai, resident of village Vidhyasar (Binjhasar), Tahsil Takhatpur, District Bilaspur (Chhattisgarh) Smt. Rupkunwar Banjare, widow of Shivratan Banjare, resident of village Vidhyasar (Binjhasar), Tahsil Takhatpur, Distriot Bilaspur (Chhattisgarh) Returning Officer, Gram Panchayat Nirvachan Kshetra, Vidhyasar (Binjhasar/ Tahsildr Takhatpur), Distriot Bilaspur (Chhatti^arh) NON-APPLICANTS N0.2 TO 5 Sub-Divisional Cfficer (Rev.), Kota, District Bilaspur (Chhattisgarh) WriLPetLtion_ynderArtide 227 ofthe Constitution of India. Present: Shri Pankaj Agrawal, counsel for the petitioner. Shri .Malay Kumar Bhaduri, counsel for the respondent No.1. ORAL ORDER (Passed on OS'" August, 2007) This writ petition is directed against the order passed by the Election Tribunal allowing the Election Petition only on the ground that the petitioner does not belong to Soheduie Caste. It has been further held by the Election Tribunal that the petitioner who is 'Mahar' belongs to OBC, Leamed counsel for the petitioner placed before me the M.P. Re-organization Act, 2000 wherein 3 Schedule at serial no. 33 caste of ^ ^ 'Mahar' has been indicated to be a Schedule Caste. Accordingly, the learned Tribunal has committed manifest error of law by allowing the petition holding the petitioner to be member of OBC, whereas on the perusal of.the M.P. Re-organization Act, 2000 in 3 schedule at serial no. 33, it is crystal clear that 'Mahar' is Schedule Caste as shown by the petitioner. In the light of above, the writ petition is allowed and the order passed by the Tribunal is set-aside. Sd/- Jagdish Bhalla Ag. ChiefJustice ^mA-