- (1.) WE have heard Shri P.N. Saxena assisted by Shri Amit Saxena for the petitioner. Learned Standing Counsel appears for the State respondents. Shri S.N. Fazal appears for Smt. Nisha Kumari, the newly impleaded respondent No. 4.
(2.) THE petitioner contested the elections to the office of the Chairman, Nagar Palika Parishad, Thakurdwara reserved for Other Backward Class persons in October, 2006. She was elected for five years and assumed the office. Smt. Nisha Kumari -respondent No. 4, the defeated candidate made a complaint to Tehsildar, Tehsil Thakurdwara, Distt. Moradabad alleging that the caste certificate dated 10.10.2005 issued to the petitioner certifying that she belongs to "Bhisti' caste included in the list of OBC in the State of U.P. notified under the U.P. Public Services (Reservation for SC, ST and OBC) Act, 1994 as amended in 2001, and in the year 2002 is fraudulent as she is not of "Bhisti' caste by birth. Since the Tehsildar Tehsil Thakurdwara, Moradabad had issued the certificate on the basis of certificate issued by the Tehsildar Tehsil Sayana Distt. Bulandshahar, where she was born arid brought up to the petitioner, the matter was referred to the Tehsildar, Sayana. The Sub Divisional Magistrate; Sayana got an enquiry conducted from Tehsildar Sayana and informed the District Magistrate of the District Bulandshahar that the caste certificate No. 17882 dated 3.10.2005 issued to Smt. Shahista, daughter of Rahimuddin, Village Chandiana (the petitioner) is valid. The 'family register' enclosed with the complaint was examined by Shri Bhim Singh Sharma, the then Gram Panchayat Vikas Adhikari. He verified his signatures and found that according to the inspection report of Tehsildar Sayana the caste certificate has been correctly issued. Smt. Nisha Kumari and Mohd. Sharif Saifi, the other defeated candidate, filed Election Petition No. Nil of 2006 and 12 of 2006 respectively in the Election Tribunal challenging the election of petitioner on various grounds including that the petitioner is not "Bhisti' by caste belonging to OBC and was thus disqualified to contest the elections.
(3.) SMT. Nisha Kumari and Mohd. Sharif Saifi were not satisfied with the enquiries made by the Sub Divisional Magistrate, Sayana Distt. Bulandshahar. They again made a complaint to the district authorities on which once again a report was sought from the District Magistrate, Bulandshahar and Sub Divisional Magistrate, Sayana and once again the District Magistrate, Bulandshahar and Sub Divisional Magistrate, Sayana submitted a report on 13.2.2007, that the complaint is baseless. It is alleged by Shri P.N. Saxena, learned counsel for the petitioner that as soon as the political scene changed in the State of U.P. in May, 2007 and Bahujan Samaj Party came into power, Smt. Nisha Kumari made a representation to the Chief Minister of the State of U. P. The District Magistrate was prompt in directing a fresh enquiry to be made on the same day on 7.6.2007 on which the complaint was received. It is alleged that without issuing any show cause notice or giving any opportunity of hearing to the petitioner, the caste certificate was cancelled on 24.8.2007.;