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2012 Supreme(All) 438

AMITAVA LALA, P.K.S.BAGHEL
VIJAY SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
H.R. Mishra and Vivek Saran for the Petitioner; Ramanand Pandey and C.S.C. for the Respondents.

JUDGMENT

Hon’ble Amitava Lala, J.—This writ petition has been filed by the petitioner under a very peculiar factual circumstance. The petitioner belongs to “Gond” community which is treated to be Scheduled Caste in the entire State of U.P.. However, in the year 2003 a notification has been issued by the State, whereby in some of the districts inclusive of district Sonebhadra, such community is declared as Scheduled Tribe. The petitioner holds the Scheduled Caste certificate for last eight years and also obtained a fresh caste certificate on 20th August, 2011 from Lucknow where he is permanently residing. He wanted to contest the Assembly election from a constituency of district Sonebhadra, which is reserved for Scheduled Caste. Only on a complaint dated 24th January, 2012, the Tehsildar concerned passed an order cancelling the caste certificate of the petitioner on 27th January, 2012 i.e. within three days of making such complaint in haste. It has been specifically contended in paragraph 19 of the writ petition that even when the petitioner went to file the appeal before the higher authority i.e. Sub-Divisional Magistrate, the same was refused by saying that it will be filed after c









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