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2007 Supreme(All) 2138

ARUN TANDON
MUJAHID – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Vivek Prakash Mishra for the Petitioner; Shahabuddin, S.C. for the Respondents.

JUDGMENT

Hon’ble Arun Tandon, J.—The petitioner Mujahid contested the elections of Pradhan of Gram Panchayat Hareta Vikas Khand Said Nagar, District Rampur. It is admitted on record that the seat of Pradhan of the village was reserved for Backward Class. The petitioner who belongs to Turk by Caste and as such is a member of General Category produced a caste certificate from the Tehsildar Sadar, Rampur dated 6.9.1995 which recorded that the petitioner is belongs to Jhojha by caste and, therefore, within the category of Other Backward Class.

2. On a complaint made in respect of certificate so produced, a notice was issued on 10.7.2007 to which the petitioner has filed his reply.

3. After examination of the explanation furnished and the records the District Magistrate under the impugned order dated 23.7.2007 has recorded that the reply filed by the petitioner to the notice dated 10.7.2007, is not satisfactory. He has held that petitioner has produced a forged caste certificate and therefore, his election is null and void. The District Magistrate has removed the petitioner from the office of the Pradhan under the impugned order.

4. On behalf of petitioner it is contended that the certifi
























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