REETA RANI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) CLMA No.2432 of 2019 has been filed by the applicant-Rakesh Kumar with a prayer to direct the petitioner to implead him as a respondent. It was also prayed that applicant-Rakesh Kumar be granted permission to argue the case. Considering the averments made in the said application, this Court grants permission to the applicant-Rakesh Kumar to place his submissions as an intervenor. CLMA No.2432/2019 stands disposed of accordingly.

(2.) By means of present writ petition, the petitioner seeks following relief, among others:-

(3.) Brief facts of the case, according to the petitioner, are that the petitioner was born in Najibabad in the State of Uttar Pradesh; she is a member of Scheduled Castes community (Chamar) by birth; she was married to one Krishna Kumar, who is also a member of Scheduled Castes community; after marriage, she is residing in Dehradun alongwith her husband and children; she is a permanent resident and elector of Ward No. 61, Cross-2, Tapovan Enclave, Aamwala Tarla, District Dehradun, Uttarakhand; a caste certificate dtd. 20/7/1996 was issued by the Tehsildar, Najibabad to the effect that the petitioner is a member of the Scheduled Caste; the authorities had also issued a caste certificate dtd. 1/5/2018 to the petitioner; a notification for elections to the post of the Mayor and the Municipal Corporators of Nagar Nigam, Dehradun was issued by the State Government; in these elections, Ward no.61, Aamwala Tarla was reserved for members of the Scheduled Caste; the petitioner had filed her nomination for contesting the elections to the post of Municipal Corporator of Ward no.61, Aamwala Tarla; she was elected as the Municipal Corporator of Ward no.61; thereafter, a complaint was filed before the authorities on 29/11/2018 by one Rakesh (intervenor herein) that the caste certificate issued in favour of the petitioner by the Tehsildar, Dehradun was forged; pursuant to it, a committee was constituted by the District Magistrate for making an enquiry in this regard; a report was given by the said Committee that the petitioner in support of her application for issuance of a caste certificate had attached a copy of a forged sale deed; the certificate no.UK304/180036187 was cancelled by the Tehsildar, Dehradun; and pursuant to this, the impugned order was passed declaring the seat/post of Sabhasad of Ward No.61 as vacant.