RAMPAL KURMI Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) The issue which has arisen for consideration of the Court in the present writ petition is as to whether in view of the facts and circumstances of the instant case, the writ petition can be entertained for the reliefs being prayed for by the petitioner, specially keeping in view the fact that the petitioner has already challenged the election of respondent no.6 as 'Gram Pradhan' by way of filing an election petition before the prescribed authority under Section 12-C of U.P. Panchayat Raj Act, 1947.

(2.) Heard Sri Akhilesh Kalra, learned counsel for the petitioner and Sri D.C.Mukherji, learned counsel appearing for respondent no.6 and the learned Standing Counsel appearing for opposite parties no. 2, 3 and 4.

(3.) The facts deduced from the pleadings available on record which are not in dispute are that in the election held for the office of Gram Pradhan, Gram Panchayat, Naziyapur, Development Block Shivgarh, Tehsil Raniganj, District Pratapgarh, the respondent no.6 was elected as a candidate belonging to Other Backward Class (OBC). The said seat of Pradhan for the Gram Panchayat concerned was reserved for Other Backward Class for the election of the year 2010. The petitioner also filed his nomination paper along with other candidates including respondent no.6. However, the petitioner lost the said election and thereafter raised a controversy that the respondent no.6 Mohd. Saleem submitted his nomination as Other Backward Class candidate on the basis of caste certificate showing him as belonging to 'Qureshi' caste which falls under the OBC category but respondent no.6, in fact, belongs to the 'Pathan' Caste which does not fall in OBC category. As per the list of dates and events submitted by the parties and as per election schedule, nomination papers were to be submitted between 23.09.2010 to 25.09.2010 and date of filing objection to nomination was 26.09.2010. The nominations were scrutinized on 27.09.2010 and the election was held on 11.10.2010, that is to say, polling took place on 11.10.2010. On the basis of the said election the votes were counted on 28.10.2010 and accordingly, the certificate was issued on 28.10.2010 itself in favour of respondent no.6 to the effect that he had got elected to the office of Pradhan of the village concerned. It is also not in dispute that at the time of filing of the nomination paper the respondent no.6 was having a caste certificate issued on 24.02.2010 showing him as belonging to 'Qureshi' caste which falls in the Other Backward Class category. A dispute was raised by the petitioner on the ground that respondent no.6 does not belong to 'Qureshi' caste and thus, the certificate dated 24.02.2010 issued in his favour certifying that he belongs to the Other Backward Class category is not valid. On some proceedings undertaken by the authorities concerned at the instance of the petitioner, it appears that Tehsildar Raniganj, District Pratapgarh vide his order dated 26.10.2010 cancelled the certificate issued in favour of respondent no.6 wherein it was declared that the respondent no.6 does not belong to the 'Qureshi' caste falling under OBC category.