MAHESH CHANDRA T RIPATHI, J. - (1.) HEARD learned counsel for the petitioner. Learned Standing Counsel appears for respondent nos. 1 to 5. Shri Alok Dwivedi appears for the respondent no.6.
(2.) W ith the consent of learned counsel for the parties, the writ petition is being finally disposed of at the admission stage.
(3.) BY means of present writ petition, the petitioner has prayed for quashing the order dated 13.10.2014 passed by the Divisional Level Appellate Forum through its Chairman/Commissioner, Kanpur Division, Kanpur. It appears from the record that the petitioner belongs to 'Khatik' caste, which comes under Scheduled Caste category. She married to Shri Ram Singh, who belongs to 'Chikwa' caste, which is a sub -caste of 'Khatik'. As per State Government's Notification No. 1140/Ra Ni Aa Anu -4/2009 dated 22.12.2009, if a woman born in a reserved category and married with a male of un -reserved category, she would be entitled to get the benefit of reservation of the category in which she was born. It also appears from the record that in the year 2010 she had applied for the caste certificate and vide order dated 26.8.2010 she had been given the caste certificate as Schedule Caste category. The same has been brought on record as Annexure -3 to the writ petition. The petitioner contested the election of Gram Pradhan as Scheduled Caste candidate and she was elected. The respondent no.4, who had lost the election, had filed certain complaint against the petitioner regarding her caste certificate. W hen she could not get any relief from the competent authority, she filed an election petition. It also appears from the record that the Prescribed Authority vide order dated 15.10.2012 had called report from the Tehsildar, Bilhor about the genuineness of the caste certificate dated 26.8.2010. Thereafter the Tehsildar, Bilhor vide his order dated 22.11.2012 had cancelled the certificate dated 26.8.2010. Aggrieved with the said cancellation order the petitioner preferred a Writ C No.62385 of 2012, which was allowed on 5.12.2012 with following observations: - "As such, the impugned order dated 22.11.2012 deserves to be quashed. This writ petition is thus allowed. The impugned order dated 22.11.2012 passed by the Tehsildar, Bilhor, district Kanpur Nagar (Annexure -1 to the writ petition) is quashed. However, it shall be open to the respondent no. 4 to approach the Caste Scrutiny Committee in case he has any complaint with regard to caste certificate issued in favour of the petitioner. No costs.";