Court No. - 2
Case :- WRIT - C No. - 16441 of 2021 Petitioner :- Smt. Geeta Respondent :- State of U.P. and Others Counsel for Petitioner :- Virendra Singh Chauhan
Hon'ble Suneet Kumar,J.
Heard learned counsel for the petitioner, Shri Chandan Sharma, learned counsel appearing for the sixth respondent and learned Standing Counsel for the State-respondent.
It is urged by learned counsel for the petitioner that petitioner contested the Gram Pradhan elections of Gram Panchayat Baasauli Block Chaprauli, Tehsil Baraut, District Baghpat. The sixth respondent is the returned candidate. The post of Gram Pradhan was reserved for Scheduled Caste candidate. The sixth respondent does not belong to Scheduled Caste community, therefore, his election is bound to be set aside. He further submits that petitioner has approached the District Magistrate for making an enquiry regarding the genuineness of the caste certificate produced by the sixth respondent.
Learned Standing Counsel and learned counsel appearing for the sixth respondent has raised objection on the maintainability of the writ petition in view of Article 243(O) of the Constitution of India to urge that the matter can be raised in an election petition or before the District Level Committee.
On being confronted, learned counsel for the petitioner submits that the petition be disposed of as withdrawn with liberty to the petitioner to take remedy either before the Election Tribunal or the District Level Committee.
The writ petition is disposed of as withdrawn with the aforesaid liberty.
Order Date :- 28.7.2021 S.Prakash Digitally signed by Justice Suneet Kumar Date: 2021.07.28 17:32:44 IST Reason: Document Owner Location: High Court of Judicature at Allahabad