TARUN AGARWALA, J. - (1.) HEARD Mr. Tapan Singh, the learned counsel for the petitioner and Mr. Sudhir Kumar, the learned brief holder for the State.
(2.) THE petitioner has assailed the order dated 25.01.2011 passed by the Returning Officer by which the nomination form of the petitioner for the post of Gram Pradhan has been rejected. The brief facts leading to the filing of the writ petition is, that the petitioner was originally a resident of Himachal Pradesh and got married to Shri Ved Prakash and started residing in village Nokragrant @ Buggawala, Block Bhagwanpur, Tehsil Roorkee, District Haridwar. The election of the Gram Pradhan for village Nokragrant @ Buggawala was to be held and, in this regard, nomination papers were required to be submitted. It transpires that a news item was published in the Hindi Daily newspaper “Hindustan” on 14.01.2011 indicating that a woman candidate was required to bring her caste certificate from her parental place. The present election of the Gram Pradhan in village Nokragrant @ Buggawala was reserved for a scheduled caste woman. The petitioner filed her nomination for the post of Gram Pradhan annexing a caste certificate issued from her parental place indicating that she belongs to Banjara caste, which is recognised as a scheduled caste in the State of Himachal Pradesh.
(3.) THE petitioner's application was rejected by the Returning Officer on the ground that Banjara caste in the State of Uttarakhnd comes under O.B.C. category and since the post was reserved for a scheduled caste woman, the petitioner became ineligible and could not contest the election for the post of Gram Pradhan. The petitioner, being aggrieved by the said order, has filed the present writ petition.;