- (1.) Smt. Nisha wife of Shri Sanjeev Kumar is before this Court for a direction to quash the entire proceeding of the scrutiny of the caste certificate issued to the petitioner being conducted by the District Magistrate, Baghpat during pendency of the Election Petition No.1 of 2016 pending in the Court of District Judge, Baghpat.
(2.) As per record, this much is reflected that the petitioner claims to be Other Backward Classes (OBC) and contested the elections of Block Pramukh in the Vikas Khand Chhaparauli held on 7.2.2016, which was reserved for women belonging to OBC category and she has won the said election. The respondent no.5 had challenged the said election of the petitioner as Block Pramukh on 25.2.2016 by way of Election Petition No.1 of 2016. In the said election petition notices had been issued and the petitioner had already put her appearance and filed detailed objection on 8.8.2016. It is also averred that apart from aforesaid election petition the respondent no.6 had simultaneously proceeded to file a complaint before the District Magistrate, Baghpat alleging therein that the petitioner has obtained the caste certificate on the basis of misrepresentation and sought cancellation of the same. Pursuant to the said complaint, the District Magistrate constituted an enquiry committee under his chairmanship and called a report from the Tehsildar.Consequently notices had also been issued to the petitioner in the said proceedings. It is sought to be contended that once the contesting respondent had proceeded to challenge her election in election petition, simultaneously no proceeding can be drawn regarding the cancellation of her caste certificate and as such restraint order is required to be passed to the respondents not to proceed with the cancellation of caste certificate otherwise the same would be detrimental to her interest in election petition.
(3.) We have proceeded to examine the record in question and find that on one hand the respondent no.6 has filed election petition in question challenging the election of the petitioner and on the other hand has filed complaint against the caste certificate of the petitioner before the District Magistrate. We do not find that there is any embargo for both the proceedings to go on simultaneously. The petitioner can represent her case in both the proceedings.;