KAMLESH KUMAR Vs. ABHISHEK PRAKASH

JUDGEMENT

(1.) HEARD Sri Ashok Pandey, counsel for the petitioner, Sri N.C. Mehrotra for the State Election Commission (Local Bodies) and Sri Sanjay Sarin, Standing Counsel for the State.

(2.) PETITIONER has filed the instant writ petition assailing the order dated 14.11.2011 passed by the District Magistrate, Lakhimpur Kheri, whereby the petitioner has been removed from the post of Pradhan of village Trilokpur, district Lakhimpur-Kheri. It has been inter-alia argued that the petitioner is "Bot" by caste which is a sub-caste of "Tharu" and the same has been included in the Scheduled Tribe but the opposite parties with a mala fide intention have taken punitive action against the petitioner on flimsy grounds, which are imaginary and not based on record. Counsel for the petitioner has argued that the order of removal is in total contravention and violation of the provisions of Section 95(g)(iii-a) of U.P. Panchayat Raj Act [hereinafter referred to as 'Act'] as it can be invoked only when a declaration given by the contestant is found to be false and incorrect. The constituency of Trilokpur was declared reserved for member of the Schedule Tribe, which means that a person, who is not a member of the Scheduled Tribe community, is not eligible to contest the election. As stated above, the petitioner being Tharu by Caste, filed his nomination paper and was declared elected in the Panchayat Election-2010. He further submitted that in village Trilokpur, several persons of the petitioner's family are residing and in Parivar Register maintained by the government, all the persons have been shown as "Tharoo".

(3.) IN contrast, Standing Counsel has submitted that the impugned order dated 12/14-11-2011 is perfectly justified and in consonance with the provisions of Section 95(i)(g) and natural justice. The impugned order has been passed after issuing show cause notice to the petitioner and considering the reply of the petitioner. On the basis of record, Counsel for the respondents have submitted that the Caste Certificate which was filed by the petitioner bears Serial Number 9772 whereas such serial number never reached in the year 1998. It has also been pointed out that the question whether the petitioner belongs to Tharu community or not, cannot be decided in this writ petition as in this respect the petitioner alongwith others have filed writ petitions, which are pending.