- (1.) SUPPLEMENTARY affidavit has been filed by learned counsel for petitioner, the same may be placed on record.
(2.) FIRST Information Report has been lodged against the petitioner on the allegation that petitioner has contested the election of Gram Pradhan on reserved seat for Scheduled Caste after obtaining forged caste certificate in the year 2010 wherein she has been declared Scheduled Caste.
(3.) THE contention of the petitioner is that her father was Hindu Khatik and Khatik falls under the Scheduled Caste category. An inquiry was made by Tehsildar on 21st September, 2011 and it was found that the father of the petitioner was Khatik by caste. Additional District Magistrate (Finance) in its report dated 25.11.2011, which is Annexure -4 to the writ petition, also held that the father of the petitioner was Khatik by caste. He submitted that certificate dated 20th August, 2010 issued by Tehsildar certifying the petitioner's caste as Khatik has been illegally cancelled by the Tehsildar vide order dated 22nd November, 2011. Against the said order petitioner filed a Civil Misc. Writ Petition No.62385 of 2012 which has been allowed by the order dated 5.12.2012 and the order of the Tehsildar dated 22.11.2012 has been quashed giving liberty to the complainant to approach the Caste Scrutiny Committee raising any grievance regarding the caste certificate issued in favour of the petitioner. It appears that respondent has made complaint before the Caste Scrutiny Committee. The District Level Caste Scrutiny Committee vide order dated 25/29.6.2013 has rejected the complaint. Against which appeal has been preferred to Divisional Level Caste Scrutiny Committee. The Divisional Level Committee vide order dated 13.10.2014 has held that petitioner was not Scheduled Caste. Against which the petitioner filed Civil Misc. Writ Petition No.58762 of 2014 which has been allowed and the matter has been remanded back to the Divisional Level Committee to decide the matter afresh after giving opportunity of hearing to the petitioner. In pursuance thereof, the Divisional Level Committee passed order dated 28.2.2015 wherein it has been held that the petitioner is not member of Scheduled Caste. The petitioner is Khatik caste which falls under the OBC category. Against this order the petitioner filed Civil Misc. Writ Petition No.14569 of 2015 wherein notices have been issued to the respondents. It appears that no interim order has been passed therein.;