CHANDRAPAL SINGH KHANDARI SINGH Vs. XIITH ADDITIONAL DISTRICT JUDGE THE PRESCRIBED AUTHORITY PANCHAYAT SUB

JUDGEMENT

(1.) Heard Sri P.K. Srivastava, learned counsel for the petitioner, Sri Deepak Jaiswal, learned counsel for the respondent No. 3 and Learned Standing Counsel for the other respondents.

(2.) The Post of Pradhan of Village Mallpur Jannua, Tehsil Billari, Moradabad was declared as reserved constituency for Scheduled Castes in respect of elections, which were to be held in the year 2000. Sri Chandra Pal Singh, petitioner on the basis of Caste Certificate obtained by him from the Tehsildar contested the elections for the said post of Prdhan of Village Mallpur Jannua. In the elections so held, Sri Amar Singh, respondent No. 3 was also one of the contestant. The result of the said elections was declared on 26th June, 2000 in which the petitioner Sri Chandra Pal Singh defeated Sri Amar Singh, (the petitioner, secured 447 votes while the respondent No. 3 secured only 429 votes). Sri Amar Singh filed Election Petition being Election Petition No. 8 of 2001 under Section 12-C of the Panchayat Raj Act on the ground that Sri Chandra Pal Singh was not eligible to contest the said elections for the post of Pradhan of Village Mallpur Jannua, which was declared as reserved constituency for the Scheduled Castes category as he was a member of the general category and the certificate obtained by him to the effect that he was a member of Scheduled Castes, was a forged document. The Prescribed Authority by means of the order dated 20th July, 2001 allowed the election petition and declared the elections of the petitioner as illegal on the ground that he did not belong to the Scheduled Caste Category. Feeling aggrieved by the aforesaid order of the Prescribed Authority the petitioner preferred a revision, which was numbered as P.C.R. No. 3 of 2001 before the District Judge, Moradabad. The revision so filed by the petitioner has also been dismissed by the Additional District Judge, Court No.-12, Moradabad vide order dated 17th January, 2003. It is against the aforesaid two orders of the Prescribed Authority as well as Additional District Judge that the petitioner has filed the present writ petition.

(3.) The short controversy which is up for consideration before this Court, is as to whether the petitioner belongs to the Scheduled Castes category or not. There is no dispute between the parties with regard to seat of Pradhan of village in question was as reserved constituency for Scheduled Castes Category Candidates.