“Nirvachan Bhawan” New Market, Ratu Road, Ranchi-834002 Order. 17.03.2015 18.03.2015 This Ma

1 STATE ELECTION COMMISSION, “Nirvachan Bhawan” New Market, Ratu Road, Ranchi-834002 Email:[email protected] Telephone No .0651- 2284012 2284008 6457479 Fax % 2284002 2280287 Letter No. ------------- Ranchi, dated……….. ------------- Order. 17.03.2015 18.03.2015 This matter relating to Scheduled Tribe Status of Opposite Party, Dhirendra Prasad Singh, Adhyaksha, Nagar Panchayat, Gumla which is a reserved seat for Schedule Tribe, was heard in detail on 11.03.2014 and 26.03.2014. The Opposite Party was represented by his learned Advocate Shri J.S. Tiwary, the Deputy Commissioner, Gumla was represented by Shri Dhanwar Lakra, Assistant Director, Panchayat ( Sub-Division Level), Gumla and accordingly an order dated 28.04.2014 was passed by the State Election Commissioner, Jharkhand in which it was brought out very clearly that the opposite party, Shri Dhirendra Prasad Singh had contested and won the election to the post of Adhyaksha, Nagar Panchayat, Gumla on a wrongly obtained Scheduled Tribe Certificate. The report of the Deputy Commissioner, Hazaribagh dated 05.09.2013 clearly mentioned that Shri Dhirendra Prasad Singh( opposite Party), son of Shri Yudhisthir Prasad Singh, originally belongs to Village- Pagar, P.O. Pandu, P.S. Keredari, District Hazaribagh and his alleged Scheduled Tribe Status was 2 enquired into by the Block Development Officer, Keredari as well as Circle Officer, Keredari. Their joint report indicated that Shri Dhirendra Prasad Singh son of Shri Yudhisthir Prasad Singh belongs to “Chatri” by caste which is not one of the Scheduled Tribes notified by the Government of Jharkhand. The detailed report of the Additional Collector, Hazaribagh, addressed to the Returning Officer-cum- Messo Officer, Gumla (Letter no. 898 dated 21.08.2013) mentioned that Shri Dhirendra Prasad Singh son of Yudhisthir Prasad Singh of Village Pagar, P.O. Pandu, P.S. Keredari, District Hazaribagh is one of the descendent of Khatiyani Raiyat late Kalicharan Singh and the survey Khatian of village Pagar, Khata No. 10 shows that late Kalicharan Singh is Raiyat and his caste status is mentioned as “Chatri”. The report also mentioned that there has been cutting and interpolation in the Khatiany documents regarding the caste status submitted by the opposite party. Accordingly, Scheduled Tribe Certificate issued by the Circle Officer, Gumla vide Memo No. JH/507/459 dated 14.03.2013 was cancelled after issuing show cause notice to the opposite party. It was also mentioned on behalf of the opposite party that one of the family members of the opposite party obtained a certified copy of Khatian in which it is mentioned that the ancestor of opposite party Thakur Kalicharan Singh, Khata No. 10, Village Pagar, P.O. Pandu, P.S. Keredari, District Hazaribagh belong to “Kharwar” which is notified as Scheduled Tribe in Jharkhand”. However, this contention of the opposite party has been negated conclusively by the competent revenue authorities of Hazaribagh 3 who have submitted reports regarding the caste status of opposite party as “Chattri” and not “Kherwar” based on the inspection of the Khatian available in the Circle Office, Keradari. Further the sale deed executed by the uncle of the opposite party, namely Shri Rajendra Prasad Singh son of late Thakur Bishun Prasad Singh, by caste Rajput, by profession- Agriculturist of Mouza- Pagar Circle Karnpura, P.S. Keredari, District Hazaribagh dated 06.07.2009 in respect of sale of 05 Decimal of land of Mouza Pagar, Circle Karnpura, P.S. Keredari, Thana No. 19, Sub/District Registry Office Hazaribagh, District Hazaribagh in respect of Khata No. 156 also clearly contradicts the claim of opposite party that he belongs to “Kharwar” scheduled Tribe. In the order passed on 28.04.2014 the State Election Commissioner had noted that inspite of clear evidence available on record that the opposite party has wrongly contested and won election against the post of Adhyaksha, Nagar Panchayat, Gumla on the basis of a wrong scheduled tribe certificate, the matter ought to be referred to the Committee of the State Government constituted in accordance with the direction of the Hon’ble Supreme Court in the case of “Madhuri Patil Vrs. Additional Commissioner, Tribal Development and Ors( Civil Appeal No. 5854/94) reported in AIR 1995 SCC 94, and Collector, Bilaspur Vrs. Ajit P.K. Jogi and Ors( Civil Appeal No. 4069/2008) reported in 2011(6) Supreme 748, ” for determination of his caste status. The report of the above mentioned Committee has become available which is dated 24.02.2015. The Committee comprised of the Secretary, Social Welfare Department, 4 Government of Jharkhand, Ranchi, Secretary, Welfare Department, Government of Jharkhand, Tribal Welfare Commissioner, Jharkhand and Scheduled Tribe expert Shri Prem Chand Murmu, has stated the following facts in their report dated 24.02.2015. (i) In the meeting of 13.09.2013 of the National Commission for Schedule Tribe, the Deputy Commissioner, Gumla admitted that the opposite party is not the original resident of Gumla District and hence no records relating to his scheduled tribe status is available in Gumla District and accordingly Gumla District had no authority to issue any scheduled tribe certificate in respect of the opposite party (ii) Further that the Deputy Commissioner, Hazaribagh vide his letter no. 959 dated 5.09.2013 informed the Deputy Commissioner, Gumla that on the basis of joint report of the Block Development Officer and Circle Officer, Keredari vide letter no. 781 dated 16.08.2013 it is clear that the opposite party belongs to “Chatri” caste which does not come under the notified scheduled tribes in Jharkhand. Hence, Hazaribagh administration has cancelled his earlier scheduled tribe certificate issued to him as belonging to “Kharwar”. On 03.03.2015, on the request of the opposite party that he may be heard and allowed to adduce evidence relating to his 5 contention that in the original survey Khatian his grandfather late Kalicharan Singh son of Pani Singh of Khata No. 10, Mouza Pagar, Circle Keredari has been shown as belonging to “Kharwar”. Accordingly , an opportunity was provided to both the opposite party as well as the District Administration, Hazaribagh to produce certified copy of original survey Khatian of Khata No. 10 of Mouza – Pagar, Circle Keredari, District Hazaribagh to settle once for all the matter relating to the entry relating to scheduled tribe status of the grandfather of the opposite party so that a final decision is taken in this matter. This matter was fixed for hearing on 17.03.2015 at 4.00 P.M on the above limited point. The opposite party failed to produce the required document and instead filed a time petition which was rejected as detailed hearing has already taken place on 11.03.2014 and 26.03.2014 and no further time could be allowed to the opposite party to prolong wrongful occupation of the post of Adhyaksha, Nagar Panchayat, Gumla obtained by him by deceit and fraud and producing incorrect documents relating to his alleged scheduled tribe status before the Returning Officer. Further the certified copy of khatian of Khata No. 10, Mouza Pagar, Circle Keredari, District Hazaribagh was produced by the Anchal Adhikari, Keredari which is duly certified and attested by the Additional Collector, Hazaribagh as well as the Deputy Collector, Land Reforms, Sadar, Hazaribagh who are official custodians of the village Khatian and certified copy of above mentioned Khata No. 10 clearly indicates that Thakur Kali Charan Singh, grandfather of the opposite party, registered raiyat of Khata No. 10, belongs to “Thakur/Chatri” and not “Kharwar” as 6 per the wrong scheduled tribe certificate obtained by the opposite party. In view of the above, the undersigned State Election Commissioner, Jharkhand exercising the powers vested under me under Section 18 and 579 of the Jharkhand Municipal Act, 2011 read with the Jharkhand Nagarpalika Nirwachan awam Chunav Yachika Niyamawali, 2012, pronounces that the opposite party, Sh. Dhirendra Prasad Singh son of Yudhisthir Prasad Singh, Adhyaksha, Nagar Panchayat, Gumla is disqualified to hold the above office on the ground of indulging in corrupt practice of producing an incorrect scheduled tribe certificate obtained by him by fraudulent means for contesting the election to the above office before the Returning Officer and accordingly, quashes the election of opposite party to the above post. Further as per Rule 112(3) of the Jharkhand Nagarpalika Nirwachan awam Chunav Yachika Niyamawali, 2012, it is hereby directed that the Deputy Commissioner, Gumla shall immediately file a criminal case against the opposite party under relevant sections of the Jharkhand Municipal Act, 2011, the Jharkhand Nagarpalika Nirwachan awam Chunav Yachika Niyamawali, 2012, and the Indian Penal Code for his criminal conduct pertaining to contesting election to a Public Office on a false scheduled tribe certificate. The Deputy Commissioner, Gumla is further directed to take immediate action restraining the opposite party from functioning as Adhyaksha, Nagar Panchayat, Gumla and to intimate the vacancy caused to the State Election Commission for further action. 7 Further the learned Deputy Commissioners of Gumla and Hazaribagh are also directed to enquire as to who in the District Administration of the two districts facilitated the opposite party in obtaining false scheduled tribe certificate on the basis of which he was able to contest against the post of Adhyakshya, Nagar Panchayat, Gumla.A copy of this order shall also be sent to the Secretary to the Government of Jharkhand in the Department of Personnel, Administrative Reforms and Rajbhasa, for ensuing departmental action against the errants officials of District Gumla and Hazaribagh who might have facilitated the opposite party in the above act. Sd/- State Election Commissioner, Jharkhand, Ranchi Dictated and corrected by State Election Commissioner, Jharkhand, Ranchi .

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