Laddu Ram Kori vs Jajpal Singh Jajii on 5 September, 2022
4. Per contra, the submissions made by the counsel for the
respondent No.1 are opposed by the counsel for the petitioner. It
is submitted that contesting an election on the basis of false caste
certificate would necessarily amount to undue influence as
provided under Section 123(2) of Representation of People Act
and the said aspect has also been considered and decided by this
Court by order dated 4.4.2022 and, therefore, the issue which
has already been decided by interlocutory order cannot be re-
agitated again and again. It is submitted that undisputedly, the
respondent No.1 belongs to Punjab and while staying in Punjab
he was holding the caste certificate of OBC. After his migration
to M.P., he obtained the caste certificate of Schedule Caste.
Whenever the reservation of the seats was changed, the
4
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
ELECTION PETITION No.08 of 2019
(LADDU RAM KORI VS. JAJPAL SINGH JAJII & OTHERS)
respondent No.1 also changed his caste as per the reservation. It
is further submitted that the petitioner has also challenged the
decision of the High Level Caste Scrutiny Committee by filing
W.P.No.4794/2020 and it is pending consideration. It is further
submitted that the said writ petition may also be taken up along
with the present election petition for analogous hearing because
once the decision of the High Level Caste Scrutiny Committee is
already sub judice, then the petitioner cannot be non-suited only
on the ground that he cannot challenge the decision of the High
Level Caste Scrutiny Committee in the present election petition.