NASIMUDDIN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner Shri Sharad Pathak, Shri R.P. Shukla, assisted by Shri Lalit Narayan Mishra, for the Caveator i.e. the Members of the Committee, who have been appointed by the D.M. and Learned Standing Counsel who appears for the respondent nos.1 to 3.

(2.) The petitioner has challenged the order passed by the District Magistrate, Pratapgarh, dtd. 20/6/2019 by which the Financial and Administrative powers of the petitioner have been seized in-purported exercise of power under Sec. 95(1) (g) (iii-a) and Three Members Committee has been appointed to look after the affairs of the village. It has been submitted by the learned counsel for the petitioner that the petitioner fought election as Gram Pradhan in December, 2015. A complaint was filed by one Vikram Chandra regarding the false Caste Certificate being issued to the petitioner. The Commissioner Allahabad Division directed the District Magistrate, Pratapgarh, to make an inquiry in the matter. But before such inquiry was completed the petitioner had taken over as Gram Pradhan as a result of the election. Shri Vikram Chandra thereafter filed an Election Petition before the Sub Divisional Magistrate, Raniganj, District Pratapgarh under Sec. 12-C with regard to wrongful acceptance of the nomination papers of the petitioner. During pendency of such proceedings a notice was issued to the petitioner with regard to his Caste Certificate. An order was passed by the District Level Committee on 4/11/2016 cancelling his Caste Certificate. The petitioner filed an Appeal in January, 2017 before the Divisional Level Committee which was allowed on 10/1/2017. The Divisional Level Committee remanded the matter to the District Level Committee and while the District Level Committee was considering the Caste Certificate of the petitioner the complainant Vikram Chandra filed a Writ Petition No.6963 (M/B) of 2017 before this Court which was disposed of without issuing notice to the petitioner on 7/9/2017 itself with a direction that the District Level Committee shall consider and decide the same within a time period as fixed by the Court.

(3.) The District Level Committee thereafter decided the question of Caste Certificate of the petitioner against him by an order dtd. 24/11/2017. The petitioner challenged the said order in Writ Petition No.31478 (M/B) of 2017 (Nasimuddin Vs. State of U.P. and Others) which has been disposed of by this Court on 30/8/2018 directing the petitioner to file an Appeal before the Divisional Level Caste Scrutiny Committee as provided under the relevant Government Order.