ANUPAM Vs. STATE OF U P & OTHERS

JUDGEMENT

(1.) This petition, which has been filed under Article 226 of the Constitution, seeks a direction that the District Magistrate, Kannauj should not permit respondent no.4-Brijesh Kumar to take oath as a member of the Zila Panchayat.

(2.) It is stated that the petitioner and respondent no.6-Brijesh Kumar had also contested the Zila Panchayat election from Ward No.20 in District Kannauj which election was recently held in November-December 2015. Ward No.20 was reserved for a Scheduled Caste candidate. The petitioner belongs to the Scheduled Caste category but respondent no.6-Brijesh Kumar belongs to the Backward Classes. Thus, the said respondent could not have contested the said election from Ward No.20 but not only did he contest the election but was also declared elected. In this connection, the petitioner has placed reliance upon a caste certificate issued by the Tehsildar to respondent no.6 that he belongs to the Other Backward Classes.

(3.) The submission of Sri R.K. Ojha, learned Senior Counsel for the petitioner is, therefore, that the election of respondent No. 6 should be set aside as the said respondent is disentitled to be declared elected for the reason that he belongs to the Backward Classes whereas the seat was reserved for a Scheduled Caste candidate .