ALIMUDDIN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Shamim Uddin Khan, for the petitioner and Standing Counsel, for the respondents and Sri Sharad Pathak, appearing for Abrar Ahmad, respondent -5. By the orders dated 22.8.2014 and 27.8.2014, Standing Counsel was directed to obtain instructions in the matter. The Counsel for complainant -respondent -5 stated that necessary facts and materials were already on the record of two writ petitions and no Counter Affidavit is required. With the consent of the parties writ petitions are decided finally. Writ Petition No. 4964 (M/S) of 2014 has been filed against the order of Divisional Level, Caste Scrutiny Committee dated 13.6.2014 cancelling the caste certificate of the petitioner issued to him showing of caste of "Kuraishi" falling in the category of "Other Backward Classes" in U.P. Writ Petition No. 5858 (M/S) of 2014 has been filed against show cause notice issued by District Magistrate dated 26.7.2014 under section 95(1)(g) of U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the Act) and orders dated 26.7.2014, ceasing financial power of the petitioner on 6.9.2014, constituting three members committee for exercising financial and administrative powers of Pradhan of Gram Panchayat Sarai Bharat Rai, block Shivgarh, district Pratapgarh.

(2.) IN the general election of Panchayats in Uttar Pradesh of the year 2010, seat of Pradhan of Gram Panchayat Sarai Bharat Rai, block Shivgarh, district Pratapgarh was reserved for "Other Backward Classes". The petitioner contested the election of Pradhan, claiming himself to belonged to "Kuraishi" caste falling in the list of "Other Backward Classes" in Uttar Pradesh attaching a Caste Certificate issued by Tahsildar. The petitioner was declared elected.

(3.) ABRAR Ahmad filed an appeal before Divisional Level, Caste Scrutiny Committee, Allahabad (constituted under Government Order dated 27.1.2011) against the aforesaid order. The appeal was heard by Divisional Level, Caste Scrutiny Committee, Allahabad, who by order dated 13.6.2014 found that District Level, Caste Scrutiny Committee, Pratapgarh had not conducted proper inquiry in the matter. The defence taken by the petitioner that his ancestors were serving in Pathan Regiment of Indian Army as such in revenue records, 'Pathan' was noted against their names, is false as there was no Pathan Regiment in Indian Army as such Caste Certificate issued to the petitioner was baseless. On these findings the appeal was allowed and order of Divisional Level, Caste Scrutiny Committee was set aside. Hence Writ Petition 4964 (M/S) of 2014 has been filed.