CHHOTE LAL Vs. STATE

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned Senior Advocate appearing for petitioner and perused the record.

(2.) Petitioner's candidature has been cancelled on the ground that certificate of residence filed by him on verification was found forged having not been issued by the authority by whom it is alleged to have been issued. Before passing the impugned order, a show cause notice was also issued to petitioner in reply whereof he could not submit any substantial defence except of saying that he got the said document from his counsel.

(3.) Sri Khare, Senior Advocate submitted that petitioner is actually resident of Chandauli and this fact is mentioned in his caste certificate as also in the new certificate which has been obtained by him subsequently and therefore as a matter of fact so far as residence part is concerned, it is beyond doubt that petitioner belong to Chandauli, hence merely for the reason that the document filed by petitioner earlier is found forged, his candidature cannot be cancelled. He also submitted that residence itself has nothing to do and is not related with the process and criteria for selection in Special BTC Course, 2008 and therefore also his candidate cannot be cancelled on this ground.