UMA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Dr. L.P. Mishra, assisted by Sri Gopal Pandey, for the petitioner and Standing Counsel and Sri Deo Raj Singh, for the respondents.

(2.) THE writ petition has been filed for quashing the orders of Prescribed Authority (respondent -3) dated 04.12.2013, declaring the election of the petitioner as Pradhan of Gram Panchayat Goom, block Phool Behad, district Lakhimpur Kheri as illegal and void and District Judge dated 24.03.2014, dismissing the revision of the petitioner, against aforesaid order.

(3.) THE petitioner contested the election petition and filed her written statement and denied the allegations that she did not belong to Schedule Caste. She has stated that she was original resident of Delhi and married to Tej Lal of Gram Panchayat Goom, block Phool Behad, district Lakhimpur Kheri. Her name, in her parental house was Uma Devi and recorded as such in her school certificates. On its basis Prescribed Authority issued 'caste certificate' to her on 03.03.2009. According to Government Order dated 22.12.2009, a woman belonging to Scheduled Caste prior to her marriage is entitled to the benefit of reservation for Scheduled Castes, after her marriage to a man of forward caste not belonging to schedule caste. She was a scheduled caste by birth as such she had rightly contested the election. After marriage, her name was noted as Sundari at her husbands house and due to mistake in the Voter List, it was noted as 'Sundari Nishad daughter of Tej Lal', which was later on corrected as 'Uma Devi wife of Tej Lal'. This was not a forgery but correction of the name on the basis of school certificate.