Court No. - 30
Case :- WRIT - C No. - 42512 of 2018 Petitioner :- Chhoti Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Rahul Sahai Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as Sri S.K. Upadhyay, learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed seeking a writ of mandamus directing the respondent no. 2 to decide the representation/application dated 10.3.2016 filed by the petitioner under Section 95 of the UP Panchayat Raj Act read with Sections 3 and 4 of the Act and the consequential inquiry therein.
Submission of the learned counsel for the petitioner is that the private respondent no. 6-Smt. Bano got elected by making a false declaration that she belongs to scheduled caste category. In this regard, the petitioner has filed a complaint in accordance with Rule 3 of the U.P. Panchayat Raj (Removal of Pradhan and Up Pradhan) Enquiry Rules, 1997 and on that enquiry report dated 1.9.2016 has also been submitted by the Sub Divisional Magistrate that she belongs to the general category and despite of repeated show cause notice she has not come forward to file her reply but still the respondent authorities are sleeping over the matter and have not decided the same. Submission is that the respondent no. 6 is liable to be removed under Section 95(1)(g)(iii)(a) of the Rules, 1997 as she has made false declaration and therefore, a final order has to be passed on the complain of the petitioner and on the basis of the report dated 1.9.2016 already submitted by the SDM. Record reflects that the respondent no. 6 is also not appearing before the Committee for verification of the caste certificate.
Under such circumstances, the respondent no. 2-District Magistrate, Rampur is directed to pass final orders on its own merits, preferably within a period of 30 days from the date of production of certified copy of this order.
It is made clear that this Court has not examined the merits of the claim of the petitioner, which shall be looked into by the said respondent while deciding the claim of the petitioner.
With the aforesaid observations/directions, present petition is accordingly disposed of. No order as to costs.
Order Date :- 19.12.2018 Abhishek