VINOD KUMAR YADAV Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present petition is filed assailing the order dated 19th July, 2014, passed by Tehsildar Gadarpur whereby O.B.C. certificate issued in favour of the petitioner on 09.12.2013 certifying that petitioner belongs to caste Ahir is cancelled.

(2.) Brief facts of the present case, inter alia, are that petitioner claiming himself resident of Village Prem Nagar, Tehsil Gadrapur, District Udham Singh Nagar, moved application before the Tehsildar Gadarpur to issue O.B.C. certificate in favour of the petitioner certifying that petitioner belongs to Ahir caste, an O.B.C. Having inquired into the matter, Tehsildar was pleased to issue caste certificate (O.B.C.) in favour of the petitioner on 09.12.2013. Petitioner filed his nomination to contest the election for the post of Gram Pradhan of Village Prem Nagar, Tehsil Gadrapur, District Udham Singh Nagar as O.B.C. candidate since post of Gram Pradhan, Village Prem Nagar, Tehsil Gadrapur, District Udham Singh Nagar was reserved for the O.B.C. candidate only. Nomination papers of the petitioner were scrutinized by the Returning Officer and petitioner was allowed to contest the election. Petitioner contested the election of Gram Pradhan of Village Prem Nagar, Tehsil Gadrapur, District Udham Singh Nagar and was declared successful / elected. Respondent No. 4 also contested the election of the Gram Pradhan of Village Prem Nagar, Tehsil Gadrapur, District Udham Singh Nagar, however, was defeated by the petitioner.

(3.) Thereafter, respondent No. 4 moved application before the Tehsildar saying petitioner is not permanent resident of Village Prem Nagar, Tehsil Gadrapur, District Udham Singh Nagar, therefore, caste certificate issued in favour of the petitioner certifying that petitioner belongs to Ahir caste (O.B.C.) should be cancelled. Thereafter, learned Tehsildar was pleased to cancel the caste certificate issued in favour of the petitioner. Feeling aggrieved, petitioner has filed present writ petition under Article 226 of the Constitution of India.