DHIRENDRA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Sushil Kumar Srivastava, learned counsel for the petitioner and Shri Sudhanshu Srivastava, learned Additional Chief Standing Counsel appearing for the State.

(2.) This writ petition has been filed challenging the order dated 11.2.2020 passed by the respondent no. 2- District Magistrate, Firozabad, removing the petitioner from the post of Gram Pradhan pursuant to the provisions of Section 95(1)(g)(iii-a) of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the'Act').

(3.) The contention of the learned counsel for the petitioner is that the petitioner was duly elected as Pradhan in the General Election of Gram Panchayat in the year 2015. It is stated that the petitioner belongs to'Dhangar' caste which is a Scheduled Caste in the State of Uttar Pradesh at Entry No. 27 in the Presidential Order, that is, Constitution (Scheduled Castes) Order, in the year 1950 as amended. It is stated that the petitioner submitted his nomination paper for the election of Pradhan from Gram Panchayat Ramgadh @ Ummargadh in which he declared himself to be of Scheduled Castes on the basis of a Scheduled Caste certificate dated 10.9.2015 issued by the competent authority. The petitioner was declared elected as Pradhan by the returning officer who issued a certificate to him accordingly. Thereafter, an election petition was filed under Section 12C of the Act challenging the election of the petitioner, which was dismissed by the prescribed authority by a judgement and order dated 30.1.2019. Thereafter, by a notice dated 16.4.2019, the District Panchayat Raj Officer directed the petitioner to submit his explanation to the complaint made by one Prempal Singh on the allegation that the Caste certificate of the petitioner was canceled by the Tehsildar, Jewar. It is stated that no document was provided by the authority so he sought a copy of the order of the Tehsildar, Jewar under the Right to Information Act which was never provided to him. Therefore, the petitioner filed a Writ Petition No. 17107 of 2019 (Dhirendra Kumar Vs. State of U.P. and Others) challenging the order of the Tehsildar, Jewar dated 18.1.2016. That writ petition is pending before this Court. It is stated that thereafter despite a reply being submitted by the petitioner before the District Panchayat Raj Officer, Firozabad to his notice, the District Magistrate issued a show cause notice dated 17.12.2017 directing him to submit an explanation within 7 days failing which the action under the provisions of Section 95(1)(g)(iii-a) of the Act would be taken against the petitioner. Thereafter, on 11.2.2020, the impugned order was passed by the District Magistrate, Firozabad.