SARADA BINDHANI Vs. TAHASILDAR, NILAGIRI, BALASORE AND THREE

JUDGEMENT

(1.) Heard. The petitioner contested the election for the post of Sarpanch of Tentulia Gram Panchayat in the District of Balasore, which was a reserved seat for Scheduled Tribe women. Before contesting for the election, the petitioner produced a caste certificate granted by the Tahasildar, Nilgiri certifying that she belongs to Scheduled Tribe community. In the election, the petitioner was elected. Subsequent thereto, one Gaurahari Nayak filed a petition before the Tahasildar, Nilgiri that the petitioner has obtained the caste certificate by suppressing material facts and falsely stated that she is not the daughter of Laxman Bindhani though she is the daughter of one Sarada Bindhani of village Badasahi. Receiving such communication, the Tahasildar, Nilgiri initiated a proceeding under Rule 8(2) of the Orissa Caste Certificate for Scheduled Caste and Scheduled Tribe Rules, 1980. Challenging initiation of such proceeding under Sub-Rule (2) of Rule 8 of the aforesaid rules, the petitioner approached this Court in W.P. (C) No. 5012 of 2012. This Court by order dated 27.03.2012, disposed of the said writ application with the following direction:

(2.) After issuance of the above directions, the petitioner filed two affidavits of one Pradeep Bindhani and one Lila Chandra Bindhani as evidence on affidavit along with his show cause before the Tahasildar. The Tahasildar called for a report under Annexure-12 from the Tahasildar, Udala. The Tahasildar, Udala directed the Revenue Inspector to cause an inquiry. The R.I., who was directed to cause the inquiry was the same R.I. who initially enquired into the matter and submitted a report on the basis of which the caste certificate was issued to the petitioner. However, the same R.I. subsequently reported that the petitioner on fake assertions has obtained the caste certificate.

(3.) Challenging the letter under Annexure-12 asking the Tahasildar, Udala to enquire into the matter, the petitioner has approached this Court in the present writ application.