CWP No. 11562 of 2010 -1- ****** IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 11562 of 2010 Date of Decision : 13.07.2010 Ajaib Singh .......... Petitioner Versus State of Haryana & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. H.S. Sullar, Advocate for the petitioner. **** VINOD K. SHARMA, J. (ORAL) Notice of motion. Ms. Sushma Chopra, Addl. A.G., Haryana accepts notice on behalf of the respondents. The petitioner has invoked the writ jurisdiction of this Court under Articles 226/227 of the Constitution of India, seeking a writ in the nature of certiorari quashing order dated 26.6.2010 (Annexure P-4 ), vide which the nomination paper of the petitioner for election to the post of Sarpanch was rejected. The petitioner has also prayed for a writ of mandamus directing respondents No. 3 & 4 to issue Scheduled caste certificate as per the policy of the Government of Haryana. The brief facts, leading to filing of the writ petition are, that election for the post of Sarpanch for Village Shahpur, Tehsil and District Panchkula was notified on 24.5.2010. The petitioner CWP No. 11562 of 2010 -2- ****** approached the Naib Tehsildar, Raipur Rani for issuance of Scheduled Caste certificate. The report of the Halqa Patwari was called. As the petitioner was not issued the Scheduled Caste Certificate he could not attach it with the nomination paper filed by him. The Returning Officer gave opportunity to the petitioner to submit the Scheduled Caste certificate. However, in spite of opportunity he could not file the certificate as required, and the Returning Officer rejected the nomination paper of the petitioner. No fault can be found with the order (Annexure P-4) as the nomination of the petitioner was rightly rejected for want of certificate. The prayer of the petitioner to direct respondent No.4, to issue Scheduled Caste certificate now to the petitioner. The petitioner claims that he belongs to “Banjara” Caste, which has been notified as Scheduled caste by the Government of Haryana. He is,thus, entitled to certificate, in pursuance to the application filed with the Naib Tehsildar.. Notice of the writ petition is accepted by Ms. Sushma Chopra, Addl. A.G., Haryana, who does not oppose the disposal of the writ petition, with a direction to respondents No.2 & 3 to take a decision on the application moved by the petitioner for issuance of the Scheduled caste certificate. In view of the stand taken by the State, this writ petition is disposed of with a direction to respondents No.3 & 4 to issue CWP No. 11562 of 2010 -3- ****** Scheduled caste certificate to the petitioner in accordance with law. The needful be done within a period of three months from the date of receipt of certified copy of this order. 13.07.2010 (VINOD K. SHARMA) 'sp' JUDGE