SHAMIUDDIN Vs. ADDITIONAL DISTRICT JUDGE I MATHURA

JUDGEMENT

(1.) The controversy involved in this case relates to validity of the election to the office of the Pradhan of Gram Panchayat Dautana, Vikas Khand Chhata, district Mathura which election was held on 18.4.1995 in which the petitioner herein was declared elected as a result of counting of votes on 21.4.1995.

(2.) Indisputedly, the office of Pradhan of the said Gram Panchayat was reserved for a male candidate belonging to backward class. The petitioner filed his nomination paper as a Muslim backward class candidate. The opposite party Bahori and three others also filed their nomination papers as backward class candidates, but they lost the present election to the petitioner who, as stated above, was declared elected on 21.4.1995. The opposite party Bahori (hereinafter referred as the election-petitioner) then filed an election petition under Section 12C of the U. P. Panchayat Raj Act, 1947 for setting aside the election of the petitioner on the ground that the constituency was reserved for a male candidate belonging to backward class and the successful candidate, namely, the petitioner herein was, albeit, not a member belonging to backward class yet filed his nomination paper as a backward class candidate on the basis of caste certificate obtained fraudulently from Tehsildar, Mathura even though he was the resident of Gram Panchayat Dautana, Vikas Khand Chhata, district Mathura. It was also alleged that Ved Ram who was also a candidate in the said election had filed an objection on 28.3.1995 alleging that the petitioner did not belong to backward class and that he had obtained the caste certificate fraudulently from the Tehsildar Mathura, but the Returning Officer did not pay any heed to the objection filed by Ved Ram.

(3.) The election petition was contested by the petitioner herein on the allegation that he was 'Momin Ansar' by caste which is admittedly one of the castes constituting Muslim backward class in the State of Uttar Pradesh. It was also alleged that 'Sheikh' is not a caste amongst the Muslim Community and that his nomination paper as a backward class candidate was rightly accepted by the Returning Officer. It was further alleged that the caste certificate issued to him was illegally cancelled without any notice to him and that the dispute in this regard was pending decision before the appropriate authority under the order passed by the Hon'ble High Court in a writ petition filed by him earlier.