FARZAND ALI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard counsel for the petitioners and the Standing Counsel representing the State respondents in the aforesaid cases as well as Sri Vivek Prakash Mishra, for the caveator in Writ Petition No. 9048 of 2018.

(2.) Writ Petition Nos. 7554 of 2018 and 9048 of 2018 were connected by order dated

(3.) The facts of the case in Writ Petition No. 7554 of 2018 are that the petitioner is the elected Gram Pradhan of Gram Panchayat Aarsal Parsal, District Rampur. The petitioner was elected on the post of Gram Pradhan in the elections held in Dec., 2015. The post of Gram Pradhan in Gram Panchayat Aarsal Parsal, District Rampur was reserved for members of Backward Class. The petitioner, on the basis of caste certificate issued to him by the competent authority, contested the elections declaring himself to be a member of Backward Class and was declared elected. An Election Petition No. 21 of 2017, under Sec. 12C of the Uttar Pradesh Panchayat Raj Act, 1947 was filed challenging the election of the petitioner but the same was dismissed by the Prescribed Authority by its judgment and order dated 07.02.2018. Subsequently, on a complaint, the District Level Scrutinee Committee, vide its order dated 27.10.2017, cancelled the caste certificate of the petitioner. Against the order dated 27.10.2017 passed by the District Scrutinee Committee, an appeal has been filed by the petitioner before the Divisional Scrutinee Committee. It has been stated in paragraph No. 12 of the writ petition that the aforesaid appeal is still pending before the Divisional Scrutinee Committee. However, by order dated 102.2018, the District Magistrate, Rampur i.e., respondent No. 4 in Writ Petition No. 7554 of 2018, ostensibly exercising his powers under Sec. 95(1)(g) of the Uttar Pradesh Panchayat Raj Act, 1947 (hereinafter referred to as the 'Act, 1947') removed the petitioner from the post of Gram Pradhan on the ground that the petitioner had taken benefit of reservation to contest the election on the basis of a false declaration that he was a member of Backward Class. The order dated