IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1541 of 2008 (M/S) Narayan Singh Rawat S/o Chatter Singh Rawat R/o Village Jaunk Block Yamkeshwar Post Swargashram, District Pauri Garhwal. ….....Petitioner. Versus State & 5 others. ……….Respondents. Shri M.S. Tyagi, learned counsel for the petitioner. Shri Vinod Nautiyal, learned counsel for the respondents No. 2 to 5. Shri Sanjay Bhatt, learned counsel for respondent No. 1. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2. By means of this petition, the petitioner has sought writ in the nature of mandamus commanding the respondents to cancel the nomination of respondent No. 6-Smt. Puja Rajput who is a candidate in the election for the post of Gram Pradhan, Village Panchayat Jaunk, Block Yamkeshwar, District Pauri Garhwal. 3. Learned counsel for the petitioner submitted that respondent No.6 has filed her nomination as O.B.C. candidate. It is further submitted that by marriage, a person cannot get the status of Other Backward Caste (OBC). Copy of affidavit of respondent No. 5, filed as annexure-3 to the writ petition, shows that respondent No. 6 (whose nomination has been challenged by the petitioner), 2 by birth, is a Tanwar Rajput and belongs to Other Backward Caste. Her birth place is outside the State, but she got married to Manoj Rajput of Rishikesh, Uttarakhand. She has further stated that her husband is also member of OBC. The report of Tehsildar, shows that Tanwar Rajput, are OBC in Uttarakhand. 4. Having heard learned counsel for the parties, this Court is not inclined to interfere with the elections for which the programme has already been published and elections are scheduled to be held on 05.09.2008. 5. Therefore, the writ petition is dismissed with the observation that the petitioner may challenge the election by filing election petition under the relevant law after the election is over, and may raise objections on which nomination of respondent No. 6 is challenged in this petition. (Interim relief application No. 5779 of 2008, stands disposed of). (Prafulla C. Pant, J.) Dt. 03.09.2008 Sweta 3