POOJA RAJPUT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present writ petition has been filed by the petitioner for declaring sub-clause (iii-a) of Clause (g) of sub-section (1) of Section 95 of U.P. Panchayat Raj Act, 1947 adapted by Uttaranchal Adaptation and Modification Order, 2001 (hereinafter referred to as 'Panchayat Raj Act') ultra vires to Article 243 (O) of the Constitution of India and also for quashing show cause notice dated 18-10-2008 issued by the District Magistrate, Dehradun.

(2.) Brief facts of the case are that the petitioner is the daughter of Shri Satya Prakash Tanwar who belongs to cast 'Tanwar'. 'Tanwar' along with 'Singhariya' is shown in the category of Other Backward Class (for short O.B.C.) specified in the Uttarakhand State. 'Tanwar' and 'Singhariya' are two different Backward Classes and both are notified at Sl. No. 69 and separated by a disjunctive. The parents of the petitioner were the residents of Delhi and she normally resided with them before her marriage. She was born and brought up in Delhi and completed her education in Delhi. In the year 1997 she married with Manoj Rajput S/o Sher Singh Rajput, resident of village Jonk Patti, Udaipur Talla, Post Office Swargashram, Tahsil Yamkeshwar, district Pauri Garhwal, Uttarakhand. After the marriage, the petitioner became permanent and bona fide resident of her matrimonial house situated in Uttarakhand State. Subsequently her husband Manoj Rajput constructed his house in Rishikesh Town. As she was interested in contesting the Panchayat Elections, she submitted an application before the Tehsildar Rishikesh, who conducted an enquiry to verify the facts mentioned in the affidavit and Lekhpal submitted his report. After verification, the Tehsildar Rishikesh issued O.B.C. Certificate to the petitioner. One Shri Narayan Singh Rawat preferred with petition No. 1541/2008 (M/S) challenging the petitioner's nomination. The same was dismissed on 3-9-2008 with an observation that petitioner therein may avail the remedy of filing an Election Petition. The petitioner contested election and was elected as 'Gram Pradhan' and a certificate to this effect was issued to her. Thereafter, the District Magistrate, Dehradun issued letter dated 27-8-2008 to the petitioner stating therein that Shri Narayan Singh Rawat had lodged a complaint, wherein he had challenged the caste certificate issued in favour of the petitioner and on the basis of the complaint the petitioner was asked to submit her reply to the said complaint. The petitioner filed an application asking for the copy of the complaint as well as alleged Govt. Notification on whose basis caste certificate could not be issued in favour of the petitioner. Thereafter the petitioner came to know from "Hindustan Times" dated 29-9-2008 that the caste certificate of the petitioner has been cancelled by the District Magistrate, Dehradun. The petitioner preferred representation before the District Magistrate, Dehradun wherein it was stated that the petitioner was not provided proper opportunity of hearing nor she was provided copy of the alleged complaint and Notification. The petitioner also submitted a list of O.B.C. (U.P.) and Central List of O.B.C. wherein the caste 'Tanwar' and 'Singhariya' are shown separately. The order of cancellation passed by the District Magistrate, Dehradun dated 27-9-2008 was challenged by the petitioner before this Court by way of filing writ petition No. 1842/2008 Smt. Pooja Rajput v. District Magistrate, Dehradun and others in which time for filing counter-affidavit was granted to the State. Same is pending. In the meantime the respondents started proceeding further in the matter and on 18-10-2008 the District Magistrate, Dehradun issued a show cause notice to the petitioner seeking petitioner's explanation as to why she may not be removed from the post of 'Gram Pradhan' on the ground of submission of false declaration and also on the ground that she had furnished her caste certificate which was obtained by her by playing fraud. The respondents propounded a case that the petitioner is not a bona fide resident of State of Uttarakhand, therefore she is not entitled for the benefit of reservation. Aggrieved by the show cause notice dated 18-10-2008 the present petition was filed.

(3.) Heard Shri Arvind Vashishtha, Advocate for the petitioner, Shri P. C. Bisht, Brief Holder for the State/respondent Nos. 1 to 4 and 6, Shri S. K. Mandal, Advocate for respondent No. 5 and perused the entire material available on record.