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2007 Supreme(All) 2937

V.C.MISRA, AMITAVA LALA
NOMAN MASOOD – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
S.M.A. Kazmi and Mukhtar Alam for the Petitioners; Murlidhar, Ajai Kumar Sharma, B.C. Rai and S.C. for the Respondents.

JUDGMENT

Honble Amitava Lala, J.—The aforesaid four writ petitions have been placed before us for the purposes of analogous hearing. Three writ petitions out of four writ petitions have been filed by one candidate for the Municipal Election, whose candidature was rejected due to his caste certificate. The fourth writ petition has been filed by an independent candidate, who had withdrawn his candidature in support of the petitioner herein who made the aforesaid writ petitions.

2. The dispute is whether the petitioner belongs to the caste of Backward Muslim community known as "Sheikh Sarwari" or not ? In the Schedule of the relevant notification, we find that there is a "comma" in between the words Sheikh and Sarwari as annexed to the writ petition. However, a clarification has been made by the Judgment of a learned Single Judge rendered in the case of Shamiuddin v. Additional District Judge, Mathura and others, 1998 (16) L.C.D. 424, that Sheikh includes the word Sarwari. Such argument of Sri S.M.A. Kazmi learned senior Counsel appearing for the petitioner was not opposed by Sri Murlidhar learned senior Counsel opposing the writ petition. His contention is that it is to be proved that
















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