KULWINDER SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE petitioner, who has been elected as Panch of Gram Panchayat, village Kurangana, Tehsil and District Hoshiarpur, from the reserve seat of Scheduled Caste category, has filed this petition under Articles 226/227 of the Constitution of India for quashing the order dated 25.7.2008 (Annexure P -8) passed by the Tehsildar, Hoshiarpur, respondent No. 7 herein, whereby he has cancelled the Scheduled Caste Certificate (Annexure P -2) issued to the petitioner, being obtained illegally, by misrepresentation.

(2.) THE petitioner is working as a servant in the house of Ishar Singh, Ex -Sarpanch of the aforesaid Gram Panchayat. He obtained a Scheduled Caste Certificate from respondent No. 7 while making the statement that he belongs to the Adharmi community. On the basis of the said Certificate, he contested the election of Panch of the Gram Panchayat from the seat, reserved for Scheduled Caste Category. Subsequently, a complaint was made to the Sub -Divisional Magistrate, Hoshiarpur, to the effect that the petitioner does not belong to a Scheduled Caste and he has obtained a wrong certificate to this effect by misrepresentation.

(3.) BY taking into consideration the above said detailed report and after providing an opportunity of hearing to the petitioner, the Caste Certificate issued to the petitioner has been cancelled by the Tehsildar, Hoshiarpur, who had issued the Caste Certificate to the petitioner. The petitioner has challenged the said order in this petition.