Ram Surat Ram, J. - (1.) HEARD Sri Shamim Uddin Khan, for the petitioner and Standing Counsel, for the respondents and Sri Sharad Pathak, appearing for Abrar Ahmad, respondent -5. By the orders dated 22.8.2014 and 27.8.2014, Standing Counsel was directed to obtain instructions in the matter. The Counsel for complainant -respondent -5 stated that necessary facts and materials were already on the record of two writ petitions and no Counter Affidavit is required. With the consent of the parties writ petitions are decided finally. Writ Petition No. 4964 (M/S) of 2014 has been filed against the order of Divisional Level, Caste Scrutiny Committee dated 13.6.2014 cancelling the caste certificate of the petitioner issued to him showing of caste of "Kuraishi" falling in the category of "Other Backward Classes" in U.P. Writ Petition No. 5858 (M/S) of 2014 has been filed against show cause notice issued by District Magistrate dated 26.7.2014 under section 95(1)(g) of U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the Act) and orders dated 26.7.2014, ceasing financial power of the petitioner on 6.9.2014, constituting three members committee for exercising financial and administrative powers of Pradhan of Gram Panchayat Sarai Bharat Rai, block Shivgarh, district Pratapgarh.
(2.) IN the general election of Panchayats in Uttar Pradesh of the year 2010, seat of Pradhan of Gram Panchayat Sarai Bharat Rai, block Shivgarh, district Pratapgarh was reserved for "Other Backward Classes". The petitioner contested the election of Pradhan, claiming himself to belonged to "Kuraishi" caste falling in the list of "Other Backward Classes" in Uttar Pradesh attaching a Caste Certificate issued by Tahsildar. The petitioner was declared elected. Abrar Ahmad (respondent -5) filed an application dated 30.11.2011, before Sub -Divisional Officer, for cancellation of the Caste Certificate of the petitioner, alleging therein that the petitioner belonged to "Pathan" and not "Kuraishi" caste. Sub -Divisional Officer called for a report from Tahsildar, who conducted an inquiry and submitted his report dated 6.6.2011, showing that the petitioner belonged to "Pathan" caste and not "Kuraishi" as such his Caste Certificate was liable to be cancelled. Sub -Divisional Officer referred the matter to District Level, Caste Scrutiny Committee, Pratapgarh, constituted under Government Order dated 28.2.2011. District Level, Caste Scrutiny Committee, Pratapgarh by order dated 31.7.2013 found that Tahsildar has not examined khatauni 1356 F and 1359 F as required under the Government Order. Tahsildar, in his report has submitted that the petitioner could not prove that he belonged to "Kuraishi" caste although burden was upon the complainant to prove it. Apart from the entries in the khatauni of third settlement, there was no evidence to prove that the petitioner belonged to "Pathan" caste. In different revenue record, different caste had been mentioned as such it cannot be said that the petitioner did not belong to "Kuraishi" caste. There is no justification to cancel the caste certificate of the petitioner. On these findings the complaint of Abrar Ahmad was rejected.
(3.) ABRAR Ahmad filed an appeal before Divisional Level, Caste Scrutiny Committee, Allahabad (constituted under Government Order dated 27.1.2011) against the aforesaid order. The appeal was heard by Divisional Level, Caste Scrutiny Committee, Allahabad, who by order dated 13.6.2014 found that District Level, Caste Scrutiny Committee, Pratapgarh had not conducted proper inquiry in the matter. The defence taken by the petitioner that his ancestors were serving in Pathan Regiment of Indian Army as such in revenue records, 'Pathan' was noted against their names, is false as there was no Pathan Regiment in Indian Army as such Caste Certificate issued to the petitioner was baseless. On these findings the appeal was allowed and order of Divisional Level, Caste Scrutiny Committee was set aside. Hence Writ Petition 4964 (M/S) of 2014 has been filed.;