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2009 Supreme(All) 2550

JANARDAN SAHAI, ABHINAVA UPADHYA
RASHEED AHMAD – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ashok Khare and Mukhtar Alam for the Petitioner; M.A. Qadeer, Ashish Jaiswal, Rameshwar Nath, S.C. for the Respondents.

JUDGMENT

By the Court.—The petitioner was elected as President of the Nagar Palika Parishad, Behtaur, District Bijnor, which was reserved for OBC candidate. At the time of his nomination, the petitioner had filed a caste certificate issued by the Tehsildar dated 28th October, 2000 certifying that the petitioner belonged to Sheikh Sarwari caste. The petitioner was declared elected on 25th November, 2000.

2. It appears that the caste certificate dated 28th October, 2000 was cancelled by the Tehsildar, Dhampur, District Bijnor by order dated 25th November, 2000. This order was challenged by the petitioner in Writ Petition No. 54742 of 2000, which was allowed by a Division Bench of this Court by order dated 25th October, 2005 on the ground that the order of the Tehsildar cancelling the caste certificate was passed without giving opportunity of hearing to the petitioner. The Tehsildar was granted liberty to pass fresh order in accordance with law. In pursuance of the order passed by the Division Bench in the aforesaid writ petition, the Tehsildar considered the matter and has passed the order dated 15th April, 2006 rejecting the caste certificate of the petitioner on the ground that the


































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