Kulwinder Singh vs State of Punjab and Others

Satish Kumar Mittal, J.—The petitioner, who has been elected as Panch of Gram Panchayat, village Kurangana, Tehsil and District Hoshiarpur, from the reserve seat of Scheduled Caste category, has filed this petition under Articles 226/227 of the Constitution of India for quashing the order dated 25.7.2008 (Annexure P-8) passed by the Tehsildar, Hoshiarpur, respondent No. 7 herein, whereby he has cancelled the Scheduled Caste Certificate (Annexure P-2) issued to the petitioner, being obtained illegally, by misrepresentation.

The petitioner is working as a servant in the house of Ishar Singh, Ex-Sarpanch of the aforesaid Gram Panchayat. He obtained a Scheduled Caste Certificate from respondent No. 7 while making the statement that he belongs to the Adharmi community. On the basis of the said Certificate, he contested the election of Panch of the Gram Panchayat from the seat, reserved for Scheduled Caste Category. Subsequently, a complaint was made to the Sub-Divisional Magistrate, Hoshiarpur, to the effect that the petitioner does not belong to a Scheduled Caste and he has obtained a wrong certificate to this effect by misrepresentation.

On the above complaint, SDM Hoshiarpur, directed the Naib Tehsildar, Hoshiarpur, to hold an enquiry and submit his report to the Tehsildar, Hoshiarpur, who was further directed to proceed in the matter in accordance with law. Accordingly, a detailed enquiry was conducted by the Naib Tehsildar, in which statements of the petitioner, the Ex-Sarpanch and other residents of the village were recorded. The Patwari Halqa was also asked to hold an enquiry in the village and submit his report. In the detailed enquiry conducted by the Naib Tehsildar, after providing an opportunity of hearing to the petitioner, it was found that the petitioner, who is working as a servant in the house of Ishar Singh, Ex-Sarpanch of the village, actually belongs to Uttar Pradesh/Bihar and he does not belong to Adharmi community. He did not lead any evidence regarding his caste.

By taking into consideration the above said detailed report and after providing an opportunity of hearing to the petitioner, the Caste Certificate issued to the petitioner has been cancelled by the Tehsildar, Hoshiarpur, who had issued the Caste Certificate to the petitioner. The petitioner has challenged the said order in this petition.

After hearing learned Counsel for the petitioner and going through the impugned order, we do not find any ground to interfere in the same, in exercise of the inherent power of this Court under Article 226 of the Constitution of India. In our opinion, a detailed enquiry has been conducted by Naib Tehsildar and Patwari Halqa and they have recorded statements of various inhabitants of the village. It has been found as a fact that the petitioner does not belong to Adharmi community. He had obtained a false Caste Certificate in connivance with his employer, only with intent to take benefit of the reserve seat in the Panchayat elections. The petitioner could not point out any illegality in the aforesaid finding and could not lead any evidence contrary to the finding, so recorded.

Therefore, we do not find any ground to interfere in the impugned order. The contention of counsel for the petitioner that the Tehsildar, Hoshiarpur is having no jurisdiction to cancel the caste Certificate issued by him, cannot be accepted, as in our opinion, the authority, who had issued the Caste Certificate, is competent to cancel the same, if it was got issued from him by fraud and misrepresentation.