NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.A. No. 339 of 2024 Mohit Banjare, S/o Shri Jagta, aged about 43 Years, R/o Maharana Pratap Ward Mungeli, Tahsil And District Mungeli (C.G.)

---- Appellant Versus

1. State of Chhattisgarh, Through Secretary, Department Of Urban Administration And Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

2. Secretary, Scheduled Castes And Scheduled Tribes Development Department, Mantralaya, Mahanadi Bhawan. Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

3. Sub- Divisional Officer, Mungeli, District : Mungeli, Chhattisgarh

4. District Level Certificates Verification Committee, Through Its Member Secretary, Mungeli, District : Mungeli, Chhattisgarh

5. Member Secretary, District Level Certificates Verification Committee Through Its Member Secretary, Mungli, District : Mungeli, Chhattisgarh

6. Hemendra Goswami, S/o Shri Sufll Das, aged about 46 Years, R/o Shikshak Nagar, Ward No. 13, White House Mungeli, District :

Mungeli, Chhattisgarh ---- Respondents Cause-title taken from Case Information System __________________________________________________________

For Appellant : Mr. Rajeev Kumar Dubey, Advocate. For Respondent/State : Mr. Shashank Thakur, Dy. Advocate-

General.

__________________________________________________________

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Sachin Singh Rajput , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

14.06.2024

1. Heard Mr. Rajev Kumar Dubey, learned Advocate appeared for the appellant as well as Mr. Shashank Thakur, Deputy Advocate General, appeared for the Respondent/State.

2. The appellant has filed the instant appeal seeking the following relief:-

“It is most humbly and respectfully prayed that this Hon’ble Court may kindly be pleased to allow the instant appeal and set-aside the order dated 16/04/2024(Annexure A-1), in the interest of justice.”

3. Brief facts of the case is that the respondent No.6/Hemendra Goswami is an elected Public representative of Municipal Council, Mungeli. He was elected as Ward Member from Ward No.13, Ambedkar Ward, Municipal Council, Mungeli, subsequently he was elected as President of Muncipal Council, Mungeli. Post of President of Municipal Council, mungeli was reserved for other backward class (OBC) category, but respondent No.6/ Henedra Goswami had not produced the copy of settlement record in support of his caste. He produced only himself belonging the Gurugosai Caste and thereafter certificate was obtained from the respondent No.3 which was prima facie suspicius because of respondent No.6 disclosed himself as caste Gurugosai, but Gurugosai does not belong to other Backward Caste(OBC), subsequently Gosai was written in the caste certificate of the respondent No.6.

The appellant filed an application before the Collector, District – Mungeli on 15/11/2022 under section 41A before the Chhattisgarh Municipality Act, 1951 for enquiry of the caste certificate and removal of respondent No.6 from the post of ward member and also from the post of President, Municipal Council, Mungeli and the same is forwarded to the respondent No.4 for verification of Caste certificate and after investigation of the case respondent no.4 directed the respondent No.3 to suspended the caste certificate vide order dated 20/03/2024 and pursuant to the order respondent No.3 suspended the caste certificate of the respondent No.6.

4. Learned Counsel for the appellant states that the caste certificate was issued in favour of respondent No.6 and on the complaint made by the appellant was suspended by SDO (R) respondent No.3 on the direction of the Verification Committee. The same was challenged by the writ petitioner before the writ court and the appellant was a party respondent No.6 in the WPC No. 2102/2024 and petition was allowed at the motion hearing stage and no notice was issued to the appellant. Hence, he has come before this Court, challenging the order of the writ court dated 16/04/2024 of the