MOAZZAM ALI Vs. STATE OF U P

JUDGEMENT

(1.) -This writ petition is made by the petitioner virtually for the purpose of direction not to give effect of the letter dated 13.12.2000, being Annexure-5 to the writ petition, and for quashing the departmental order dated 18.1.2001, being Annexure-7 to the writ petition, and order in connection with election proceeding etc.

(2.) THE writ petitioner was a candidate of the election notified for the local Gram Panchayat. THE constituency was reserved for the people of backward class. THE petitioner was a candidate under the scheduled category of "Banjara". THE petitioner had filed his nomination after obtaining requisite certificate from the Tehsildar. But his nomination was cancelled. THE plea of cancellation as taken by the authority is that the petitioner is Muslim by religion, therefore, his candidature as "Banjara" cannot be accepted. "Banjara" belong to Hindu community only. Initially by virtue of Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 the "Banjara" was placed in Schedule-I of the Act. THE said Act was amended with effect from 31.8.2002 by incorporating "Banjara", "Ranki", "Mukeri" and "Mukerani" in the Schedule I of the amended Act. THE Act is known as Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) (Amendment) Act, 2002. U. P. Panchayat Raj Act, 1947, as amended upto date, borrowed the meaning of 'backward class' from the aforesaid Act. THE writ petition was filed on 13.2.2001 prior to the amendment when item "Banjara" was only available under the schedule of the earlier Act.

(3.) APPARENTLY the word 'Banjara' denotes to profession. But by virtue of such profession how their identity become restricted within one religion is unknown to this Court. Therefore, a thorough historical research is required to come to a conclusion to test the foundation. All the learned counsel helped this Court a lot to come to a conclusion including Mr. U. N. Sharma, who was appointed as amicus curiae by the Court. We are thankful to them.