IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (PIL) No. 51 of 2011 Narayan Singh Rawat S/o Chatar Singh, R/o Village Jonk, P.O. Swargashram, District Pauri Garhwal …… ..………. Petitioner Versus 1. State of Uttarakhand through Chief Secretary, Government of Uttarakhand, Dehradun. 2. District Magistrate, Dehradun. 3. Tehsildar, Rishikesh, District Dehradun. 4. Smt. Pooja Rajput W/o Manoj Rajput, R/o Ugrashen Nagar, Hardwar Road, Rishikesh, District Dehradun. …………..…… Respondents Present: None for the petitioner. Mr. Vinay Kumar, Standing Counsel for the State/ respondent Nos. 1 to 3. Mr. H.M. Bhatia, Advocate for respondent No.4. Coram: Hon’ble Barin Ghosh, Chief Justice Hon’ble V.K. Bist, Judge Date: 27th August, 2011 JUDGMENT Barin Ghosh, C.J. (Oral) On the basis of a letter written by one Sri Narayan Singh Rawat, the present Public Interest Litigation was initiated. In the letter, it was stated by Sri Rawat that the seat of Village Pradhan of Village Jonk, District Pauri Garhwal was reserved for Other Backward Classes. It was stated that Smt. Pooja Rajput, holding out to be a member of Other Backward Classes fought the election for the said post and being successful became the Village Pradhan of the said Village. It was also contended that subsequently a complaint was filed before the Lokayukta in relation to issuance of the certificate in favour of Smt. Pooja Rajput acknowledging that she belongs to Other Backward Classes. It was 2 stated that the Lokayukta opined that the said certificate was issued wrongly and made a recommendation to the State Government for cancellation thereof. It was also contended that pursuant to the said recommendation of Lokayukta, the said caste certificate of Smt. Pooja Rajput was cancelled. It was contended in the letter that despite cancellation of said caste certificate, Smt. Pooja Rajput is still continuing to hold the post of Pradhan of the said Village. In view of the statements thus made, the present Public Interest Litigation was registered. 2. On the last occasion, when the letter was considered by this Court, the counsel appearing on behalf of the State submitted that he is not in the know whether Smt. Pooja Rajput is still holding the said seat. The Court, accordingly, directed issuance of notice upon Smt. Pooja Rajput. 3. Notice has been served upon Smt. Pooja Rajput and in response thereto, Smt. Pooja Rajput, through counsel engaged by her, has entered appearance before us today. Learned counsel has brought to the notice of this Court a judgment rendered by a Division Bench of this Court in Writ Petition No. 06 of 2009 (M/B), decided on 25th August, 2009, wherefrom it appears that on 18th October, 2008, a show cause notice was issued by the District Magistrate, Dehradun to Smt. Pooja Rajput calling upon her to show cause why her election to the post in question shall not be quashed, inasmuch as, her caste certificate has been cancelled. By the said judgment and order, a Division Bench of this Court has quashed the said show cause notice. From the said state of affair, it appears that despite losing the status of a member of Other Backward Classes, by reason of the said judgment of this Court, Smt. Pooja Rajput is still continuing to hold the said post which is reserved exclusively for Other Backward Classes. 4. Since, we are told by the learned counsel appearing for Smt. Pooja Rajput that a Special Leave Petition is pending against 3 the said judgment, we are unable to do anything further on the present writ petition and, accordingly, close the same. (V.K. Bist, J.) (Barin Ghosh, C.J.) 27.08.2011 27.08.2011 P. Singh