Surya Prakash Kesarwani, J. - (1.) Heard learned counsel for the petitioner and the learned standing counsel for the State-respondents.
(2.) Briefly stated facts of the present case are that the petitioner contested the election of Village Pradhan of Village Panchayat Hardi Dali, Tehsil Nautanwa, District Maharajganj which was a reserved seat for other backward class. In the said election petition, the respondent no.4 also contested for Village Pradhan as an OBC candidate and filed an affidavit along with caste certificate declaring himself to be an OBC candidate falling under "Kandu" caste. The respondent no.4 was declared elected as Village Pradhan and the petitioner stood second in the said election held in the month of December, 2015. The petitioner filed an Election Petition No.06 of 2016 before the prescribed authority (respondent no.3) under Section 12C (1) of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as "the Act"), on various grounds including the ground that the respondent no.4 is not OBC. The caste certificate of respondent no.4 was also examined by the Scrutiny Committee which found that caste certificate of the respondent no.4 deserved to be cancelled and accordingly, it made recommendation for cancellation of caste certificate of the respondent no.4 by minutes of the meeting dated 22.10.2016. Consequently, the caste certificate of the respondent no.4 was cancelled.
(3.) The election petition was presented by the petitioner before the respondent no.3 on 28.01.2016 in which summons were issued fixing the date for 04.02.2016. Since 04.02.2016, sixteen dates were fixed till 21.01.2017 but on fifteen dates, the respondent no.3 has not taken up the matter and merely gave general dates.;