- (1.) The issue for consideration in this petition is whether the Tehsildar has power to cancel the caste certificate.
(2.) Facts giving rise to the dispute are as under.
(3.) The petitioner claims to be a Muslim belonging to sub-caste 'Gaddi', which is notified as a backward caste. He obtained a backward caste certificate from Tehsildar, Phoolpur, District Allahabad and contested the election of Gram Pradhan as a backward class candidate for Gaon Sabha Amiliya, Tehsil Phoolpur, District Allahabad, which was held in June 2000. At the time of nomination, respondent no. 4, who was also one of the contestant in the election, made a complaint to the District Magistrate that the petitioner does not belong to the backward class and has obtained a false certificate. An enquiry into the allegations of the complaint was made by Tehsildar, who submitted a report dated 04.06.2000 that the petitioner belongs to sub caste 'Gaddi', which is a backward class. After the election process, petitioner was declared elected. Thereafter, respondent no. 4 filed an election petition under Section 12 (c) of the U.P. Panchayat Raj Act, 1947 being Election Petition No. 16 of 2000. Petitioner contested the proceedings by putting appearance and filing his written statement. During the pendency of the proceedings of the election petition, respondent no. 4 moved another application before the then State Minister of P.W.D. alleging that the petitioner has wrongly obtained a backward caste certificate and the same is liable to be cancelled. The then P.W.D. Minister directed the District Magistrate, Allahabad to get the matter inquired and take necessary steps for cancelling the caste certificate of the petitioner. Additional District Magistrate (E) directed the Sub Divisional Magistrate, Phoolpur to enquire into the matter and submit a report. In pursuance to the aforesaid orders passed by the State Minister and the Additional District Magistrate, the Sub Divisional Magistrate, Phoolpur, who was also functioning as a Prescribed Authority under Section 12 (c) of the U.P. Panchayat Raj Act, 1947 and before whom the election petition was pending, started an enquiry on the administrative side. The petitioner challenged the said proceedings by filing Writ Petition No. 55078 of 2000. A Division Bench of this Court allowed the writ petition by passing the following order dated 04.01.2001. "Heard Shri T.K. Khan, learned counsel for the petitioner and Shri Ran Vijai Singh, learned Standing Counsel for the State. Since the election dispute is pending, it is not open to the District Magistrate to direct an inquiry on the alleged irregularity. Such inquiry directed by the District Magistrate is quashed. The writ petition succeeds and is allowed.";