Surya Prakash Kesarwani, J. - (1.) This writ petition has been filed for the following relief: (i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 17.11.2016 passed by the respondent no. 2. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to interfere in the peaceful functioning of the petitioner as village Pradhan of Gram Panchayat Shahpur Bajbat, Block & Tehsil - Nakud, District - Saharanpur.
(2.) Briefly stated the facts of the present case are that the petitioner was elected as Pradhan of Village Panchayat Shahpur Majbata, Vikas Khand-Nakud, District Saharanpur in the election held in December 2015.
(3.) A P.I.L. No. 6150 of 2015 (Sonu Bavara v. Union of India through Principal Secretary and six others ) was filed in which it was held as under: An entry in the Presidential Order notified under Article 341 of the Constitution, has to be read and construed as it stands. The power to include or exclude from the list of Scheduled Castes, is vested in Parliament under clause (2) of Article 341 of the Constitution. Hence, it is not open to any administrative authority to direct that a community, which is not listed in the form of an entry in the Presidential Order, is synonymous with or included in a caste which is duly notified. The power to include or add to an entry in the list, is conferred exclusively upon Parliament. The impugned circular does not make any change in that position and necessarily has to be construed in accordance with the settled position in law laid down by the Supreme Court. The benefit would be available only to those who belong to the Kori Caste. Hence, it is not necessary for the Court to entertain the petition. It is, accordingly, disposed of. There shall be no order as to costs.;