Neutral Citation No. - 2025:AHC-LKO:43743-DB Court No. - 2 Case :- WRIT - C No. - 7212 of 2025 Petitioner :- Chandrashekar Rastogi Respondent :- State Of U.P. Thru. Divisional Commissioner Lko. Division And 2 Others Counsel for Petitioner :- Vipul Shukla Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Saurabh Lavania,J. Considered the order dated 06.06.2025, passed in Writ-C No.5767 of 2025, filed by the petitioner himself, wherein the following order was passed :- "The petitioner/an elected Chairman of Nagar Palika, Salon, Raebareli, has filed this writ petition challenging a notice dated 26.05.2025 wherein while asking the petitioner as to why he should not be removed from the said post under Section 48 of the Municipality Act 1916, he has also been restrained from exercising administrative and financial powers. Contention of the petitioner is that this cannot be done without a show cause, specifically, for seizing such power. The petitioner relies upon certain full bench decisions in this regard, viz., Hafiz Ataullah Ansari v. State of U.P. & anr. (Civil Misc. Writ Petition No. 62427 of 2008); Nagar Panchayat, Safipur through its Chairperson Smt. Uma Devi v. State of U.P. through Principal Secreary (Urban Development), Lucknow, & Ors. (Misc. Bench No. 1253 of 2014), and Shanawaz Ali v. State of U.P. and others (Writ-C No. 44898 of 2023). Of course it is also the case of the petitioner that rejection of caste- certificate of an elected person is not a ground permissible under Section 48, but then we cannot loose sight of the fact that the petitioner has invoked extraordinary discretionary jurisdiction under Article 226 of the Constitution of India, therefore, we cannot be unmindful of the aforesaid facts and have to balance the equities as of now. Prima facie the contention appears to be correct, but then also it is a fact that caste-certificate of the petitioner stands cancelled as of now and there is no stay in the appeal filed by the petitioner, which is pending before the Divisional Level Caste Scrutiny Committee and the petitioner had been elected for the post, which was reserved for 'O.B.C. category', whereas the District Level Caste Scrutiny Committee has found that he does not belong to the said category, therefore, without recording any conclusive opinion in this regard we are of the opinion that the appeal itself should be ordered to be decided at the earliest. Accordingly, we direct the opp. party No. 3 to decide the appeal of the petitioner, if it is maintainable and is pending, within 6 weeks. List this case on 23.07.2025 as fresh. On the next date, interim relief application of the petitioner shall be considered. Sri Ashish Saxena, learned Standing Counsel, to communicate our order to the opposite party No. 3 for strict compliance." The remedy is before the State Level Caste Scrutiny Committee which has not been availed. Let the petitioner avail the said remedy without prejudice to the rights claimed in the pending writ petition mentioned herein above. Accordingly, the writ petition is disposed of. . (Saurabh Lavania,J.) (Rajan Roy,J.) Order Date :- 29.7.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench