- (1.) HEARD learned counsels for the parties and perused the record.
(2.) THE writ petition has been filed with the following prayers: (i) issue a writ, order or direction in the nature of certiorari quashed the schedule caste certificate issued in favour of the respondent no. 5 on 27.12.2007 (Annexure No. 1 to the writ petition) as well as order dated 30.05.2014 (Annexure No. 13 to the writ petition) passed by the Tehsildar, Duddhi, District Sonbhadra. (ii) issue a writ, order or direction in the nature of Mandamus commanding the respondent No. 4 to take necessary action against the respondent no. 5 regarding to fraud played by the respondent no. 5 within specified period fixed by this Hon'ble Court. (iii) issue any other suitable writ, order or direction in, as this Hon'ble Court may deem fit and proper in the circumstances of the case.
(3.) THE petitioner claims that he is permanent resident of Village Butbedwa, Post Office Vindamganj, Tehsil Duddhi, District Sonbhadra that he belongs to schedule caste community, and had also contested the election of M.L.A. in year 2010 from Vidhan Sabha constituency which was reserved for the schedule caste candidates. Elections in the year 2011 were held in which respondent no. 5 was elected as M.L.A. from the aforesaid constituency. Respondent no. 5 also had contested the election in the aforesaid assembly. It is alleged that the scheduled caste certificate has been illegally issued to her (respondent no. 5) by respondent no. 3 on 27.12.2007 as she is Rajpoot by caste belonging to General category. It is further stated that respondent no. 5 is daughter of Subodh Singh who is neither a SC/ST nor OBC and is residing at Village Sindhiya, P.S. Rosara, District Samastipur (Bihar). Respondent no. 5 Smt. Rubi Kumari who by virtue of her birth belonged to General category and was married with Yogeshwar Prasad resident of Mohalla Myarepur, Tehsil Duddhi, District Sonbhadra a scheduled caste person. She is said to have passed her Higher Secondary examination in the year 1998 from Bihar Vidyalaya Pariksha Samiti.;