SHAHNAWAZ ALI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Shashi Nandan, learned Senior Counsel assisted by Ms. Shreya Gupta, learned counsel for the petitioner, Sri Ashok Mehta, learned Additional Advocate General for the State-respondent nos.1 to 5, Sri V.K. Singh, learned counsel for the respondent no.6, Sri T.A. Khan, learned counsel for the respondent no.7 and perused the records.

(2.) The petitioner by means of the present writ petition has assailed the order dtd. 9/6/2023 passed by the District Level Caste Verification Committee, District Muzzafarnagar (respondent no.4), the order dtd. 15/7/2023 passed by the Divisional Appellate Forum for Caste Certificate Verification Committee, Saharanpur Division, Saharanpur (respondent no.3) and the order dtd. 14/2/2024 passed by the State Level Caste Verification Committee, Department of Social Welfare, Government of Uttar Pradesh, Lucknow (respondent no.2), whereby the Caste Certificate of the petitioner belonging to 'Kalal Community' has been declared to be 'invalid'.

(3.) The case of the petitioner is that the petitioner was issued a Caste Certificate on 4/3/2011 of 'Kalal Community' which is a Backward Caste. The petitioner contested the election of the President of Nagar Palika Parishad, Khatauli, Muzzafarnagar in the year 2023 and was declared 'elected' as Chairman, Nagar Palika Parishad, Khatauli, Muzzafarnagar. Aggrieved thereby, the respondent no.6 Sri Krishna Pal, the Defeated Candidate in the Election of Nagar Palika Parishad, Khatauli, Muzzafarnagar, has challenged the election of the petitioner through an Election Petition No.05 of 2023 on the ground that the petitioner does not belong to 'Kalal Community'. The respondent no.6 on 18/5/2023 submitted a complaint to the authority against the Caste Certificate of the petitioner asserting that the petitioner does not belong to 'Kalal Community'. On the complaint of respondent no.6, an inquiry was conducted by the Sub-Divisional Magistrate who submitted a report on 22/5/2023 stating that the petitioner does not belong to 'Kalal Community'.