MANORANJAN SAINI Vs. STATE OF UTTARANCHAL AND ORS.

JUDGEMENT

(1.) BY means of this petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of certiorari, quashing the impugned order dated 2.8.2005/(Annexure -8 to the writ petition), whereby he has been removed from the post of 'Pradhan' of village Hempur Ismail, by the District Magistrate, Udham Singh Nagar.

(2.) BRIEF facts of the case, as narrated in the writ petition, are that in the year 2003, election of Gram Pradhans took place in the State of Uttaranchal. The petitioner filed his nomination for the post of Pradhan of village Hempur Ismail. Tehsil Kashipur, District Udham Singh Nagar. It is alleged in the petition that petitioner complied with all the conditions as laid down in U.P. Panchayat Raj (Election of Members, Pradhans and Up -Pradhans) Rules, 1994. Under sub -rule (2) of Rule 15 of the aforesaid Rules, a person desirous to contest the elections from a reserved seat for Schedule Caste, Schedule Tribe or Backward Class, is required to make declaration to the effect that he belongs to that particular caste. The petitioner declared that he belongs to Saini community, i.e., backward class and filed an affidavit to that effect. In the elections, petitioner was declared elected as Pradhan. However, in the month of May, 2005, one Krishan Kumar of village Hempur Ismail made a complaint to the State Government that the petitioner does not belong to Saini caste and the certificate issued in favour of his wife that she belongs to that caste is a fake one. In para 5 of the writ petition, it is alleged that on the receipt of said complaint, respondent No. 2 -District Magistrate, got preliminary enquiry done, in compliance of which, Tehsildar asked vide letter dated 10.6.2005 (copy Annexure -4 to the writ petition) to the Revenue Inspector to make a report on the complaint. Vide letter dated 17.6.2005 (copy Annexure -5 to the writ petition), Tehsildar, Kashipur, made a report to the Block Development Officer that certificate issued at serial No. 765 dated 15.10.1996, pertains to one Smt. Tulsi Devi, W/o Sri Bishan Ram belonging to Shilpkar community and not to Smt. Laxmi Rani W/o Manoranjan (petitioner). After said preliminary enquiry, Annexure -6 (termed as show cause notice in the petition), was issued to the petitioner to which reply Annexure -7 was given by the petitioner alleging that he belongs to Saini caste, known as Kapali in West Bengal. It is further alleged in the petition that the petitioner is living in the village -Hempur Ismail for last 22 years. However, respondent No. 2 District Magistrate, exercising powers under Section 95(1)(g)(iii -a) of U.P. Panchayat Raj Act, 1947, removed the petitioner from the post of Pradhan. Annexure -8 is copy of said order dated 2.8.2005. The order has been challenged by the petitioner on the ground that the same has been passed in violation of U.P. Panchayat Raj (Removal of Pradhans, Up -Pradhans and Members) Enquiry Rules, 1997. It is alleged in the writ petition that neither any Inquiry Officer was appointed, nor the procedure prescribed under aforesaid Rules, was followed. It is also alleged by the petitioner that no reasonable opportunity was afforded to him to show cause or to defend himself.

(3.) I heard learned Counsel for the parties and perused the affidavit, counter -affidavit, rejoinder -affidavit and annexures annexed thereto.