Hon’ble Amitava Lala, J.—This writ petition is made by the petitioner virtually for the purpose of direction not to give effect of the letter dated 13th December, 2000, being Annexure-5 to the writ petition, and for quashing the departmental order dated 18th January, 2001, being Annexure-7 to the writ petition, and order in connection with election proceeding etc.

2. The writ petitioner was a candidate of the election notified for the local Gram Panchayat. The constituency was reserved for the people of backward class. The petitioner was a candidate under the scheduled category of “Banjara”. The petitioner had filed his nomination after obtaining requisite certificate from the Tehsildar. But his nomination was cancelled. The plea of cancellation as taken by the authority is that the petitioner is Muslim by religion, therefore, his candidature as “Banjara” cannot be accepted. “Banjara” belong to Hindu community only. Initially by virtue of Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 the “Banjara” was placed in Schedule-I of the Act. The said Act was amended with effect from 31st August, 2002 by incorp