- (1.) HEARD Shri Vidhyanand Singh, learned counsel for the petitioner and learned Standing counsel.
(2.) PETITIONER has contested the election of Gram Pradhan held on 11.10.2010. He lost the election and filed Election Petition under section 12 (c)of the U.P. Panchayat Raj Act and Rules framed therein. The Election Petition has been filed on the ground that respondent no.4 Nityanand Mishra had contested the election for seat reserved for backward candidates.
(3.) THE submission is that he belongs to general category and Brahmin by caste. To prove his assertion, petitioner has filed copy of the transfer certificate of Porva Madhyamic Balika Vidayalay, Basantpur. The said certificate was belied . The principal of the college appeared before the Sub -Divisional Magistrate, she has categorically stated that the transfer certificate was not issued by her and her signatures on the same are forged. Another transfer certificate of Primary School, Basantpur no.1 has been filed in which overwriting was found in the caste indicated. The third document is certificate of Gram Pradhan regarding caste of Nityanand Mishra.It was recorded by the Sub -Divisional Magistrate that these certificates have not been proved by the petitioner nor any opportunity has been provided to the respondent no.4. Nityanand Mishra to contradict the same. Moreover, caste certificate dated 23.8.2010 has been issued by the competent authority and was found valid. In view thereof election petition has been dismissed. Learned counsel for the petitioner submits that he has proved the caste of Nityanand Mishra by producing relevant certificate but the authorities below has committed illegality in ignoring and rejected on irrelevant ground.;