Court No. - 38
Case :- WRIT - C No. - 34732 of 2018 Petitioner :- Sanjay Gond Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Lallan Prasad Singh,Ashutosh Singh Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
By means of this writ petition, the petitioner has come to this Court challenging the order passed by the State Caste Scrutiny Committee by which the caste certificate of the petitioner belonging to Gond caste has been cancelled. The petitioner is a Gram Pradhan. He contested the election on the basis of aforesaid certificate that certificate having been cancelled, the petitioner moved an application before the District Level Committee which rejected the claim of the petitioner. Thereafter, Divisional Level Committee, in appeal, also rejected the claim of the petitioner. Now, the second appeal is pending before the State Level Committee.
It is to be noted that an Expert Body Committee constituted for this purpose on two occasions after adjudicating upon the claim of the petitioner, has already rejected the claim of the petitioner and now the matter is pending before the State Level Committee where date has been fixed and enquiry is going on.
Learned counsel appearing for the petitioner submits that a notice has been issued to the petitioner for removing him as Gram Pradhan since members of Gram Panchayat are moving application for removal of the petitioner as Gram Pradhan as he ceases to be a Gram Pradhan by virtue of cancellation of his caste certificate and, therefore, the writ petition has been filed in which interim prayer is also made that till the decision in the second appeal, the petitioner may not be removed as Gram Pradhan.
It is to be noted that no order has been passed by the competent authority so far for removal of the petitioner as Gram Pradhan. That apart the second appeal of the petitioner has been taken cognizance of by the State Level Committee where the matter is pending.
If there is any threat of removal of petitioner, the petitioner can move an application before the State Level Committee for grant of interim order.
At this stage, in writ petition, we are not inclined to grant any relief.
With the aforesaid observations, the writ petition is finally
disposed of.
Order Date :- 27.11.2018 Ajeet (Vivek Varma, J.) (Abhinava Upadhya, J.)