Primroj @ Vimroj vs State Of U.P. And 4 Others
2016 Latest Caselaw 644 ALL

Citation : 2016 Latest Caselaw 644 ALL
Judgement Date : 15 March, 2016

Allahabad High Court

Primroj @ Vimroj vs State Of U.P. And 4 Others on 15 March, 2016

Bench: Huluvadi G. Ramesh, Shamsher Bahadur Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?A.F.R. 
 
Court No. - 9
 

 
Case :- WRIT - C No. - 11756 of 2016
 

 
Petitioner :- Primroj @ Vimroj
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Sushil Kumar Mishra,Chandra Prakash Misra
 
Counsel for Respondent :- C.S.C.,Kaushlesh Pratap Singh
 

 
Hon'ble Huluvadi G. Ramesh,J.

Hon'ble Shamsher Bahadur Singh,J.

Heard learned counsel for the petitioner, learned counsel for the respondents and perused the record.

Petitioner has come up before this Court for quashing the impugned order dated 17.02.2016 passed by the Election Officer, Block-Padrauna, District-Kushinagar.

The contention of the petitioner is that earlier the petitioner was contested election for B.D.C. which was reserved for Scheduled Tribes woman category in which she was defeated. Once the petitioner's caste treating as Scheduled Tribes for Gram Panchayat was entertained as to how the nomination form of 'Pradhan' has been rejected which is also reserved for Scheduled Tribes woman category on the ground that her caste 'Oraon' is not found in the list of Scheduled Tribes of Uttar Pradesh.

Learned Standing Counsel submitted that the petitioner was erroneously allowed to contest the panchayat election. She belongs to 'Oraon' caste, which is Scheduled Tribes of Jharkhand State and the said caste is not in the list of the Schedule Tribes of Uttar Pradesh as well as the caste certificate of the petitioner is not valid as the same is obtained from Jharkhand State.

In view of above, unless and until the caste of the petitioner is found in the list of Scheduled Tribes of Uttar Pradesh, petitioner cannot contest the panchayat election for the reserved category. Petitioner belongs to 'Oraon' caste which is not in the list of Scheduled Tribes category of Uttar Pradesh. In the circumstances, it cannot be said that the impugned order is arbitrary or illegal.

Accordingly, the writ petition is dismissed.

Order Date :- 15.3.2016

A.Kr.*