- (1.) Heard Sri Anup Kumar Srivastava, learned counsel for the petitioner and the learned Standing Counsel representing the State respondents.
(2.) This petition has been instituted seeking the following reliefs: - "i) issue a writ, order or direction in the nature of mandamus directing the respondents authorities to take appropriate action on the report submitted by the Tehsildar, Sahjanwa, District Gorakhpur dated 28.5.16 and 26.5.2016, in respect of the caste certificate of respondent No. 3, a reference of which has been given in Annexure No. 4 to this writ petition and cancel the caste certificate of schedule caste category of respondent No. 4 and remove him from the post of Gram Pradhan, Gram Panchayat Jagdishpur, Post and Tappa Bharsad, Pargana Hasanpur Magahi, Tehsil Sahjanwa, District Gorakhpur"
(3.) The petitioner is a member of the Gram Sabha Jagdishpur. He has participated in the Panchayat elections held in 2015 in which the third respondent was elected as the Gram Pradhan. Gram Sabha Jagdishpur and the post of the Gram Pradhan therein is stated to have been reserved for a scheduled caste. The petitioner contends that the third respondent was not entitled to stand for election to the post of Gram Pradhan reserved for a schedule caste on the ground that he is a member of the Baildar caste and therefore, belonging to the category of "other backward classes" (OBC). It is admitted that an election petition in terms of Section 12-C of the U.P. Panchayat Raj Act,1947 has already been instituted seeking annulment of the election of the third respondent.;