High Court of Judicature at Allahabad
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Smt. Usha Maurya v. State of U.P. And Others - WRIT - C No. 16604 of 2006  RD-AH 6698 (27 March 2006)
Hon. Dr. B.S. Chauhan, J.
Hon. Dilip Gupta, J.
This Writ Petition has been filed challenging the caste certificate issued in favour of respondent no.6 as belonging to O.B.C. category. However, the learned Standing Counsel has raised preliminary objection that as the petitioner is a defeated candidate and respondent no.6 has been duly elected on the post of Member, Zila Panchayat, Mau, the matter is required to be decided to be decided only in Election Petition.
It is conceded by all the learned counsel for the parties that even if this caste certificate is cancelled the matter is still to be decided by the Election Tribunal on merit.
In view of the above, the petition is disposed of with a direction that in case, the Election Petition is filed, the Election Tribunal shall conclude the proceedings expeditiously by deciding the issue regarding the caste certificate also after giving liberty to the parties to place their case.
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