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Himachal Pradesh High Court · body

2022 DIGILAW 650 (HP)

PRITAM DEV S/O LATE SHRI LEHNI RAM v. SDM, RAMPUR BUSHAHR, DISTRICT, SHIMLA

2022-10-28

SANDEEP SHARMA

body2022
ORDER : 1. By way of instant petition filed under Article 227 of the Constitution of India, very innocuous prayer has been made by the petitioner to issue direction to respondent No. 2 to decide the pending representation of the petitioner. 2. Ms. Svaneel Jaswal, learned Deputy Advocate General waives service of notice on of respondents No. 1 and 2. She fairly states that she does not wish to file reply and necessary direction can be issued to the respondents to do the needful in a time bound manner. 3. Having regard to the order proposed to be passed in the instant petition, there appears to be no necessity to issue notice to respondent No. 3 as in the event of issuance of notice, respondent No. 3 would be unnecessarily burdened to engage lawyer to defend him in the instant proceedings. 4. Precisely, the facts of the case as emerge from the record are that petitioner has filed representation for cancelation of Schedule Caste Certificate issued to respondent No. 3, which is not being decided by the respondents expeditiously, as a consequence of which, petitioner has apprehension that respondent No. 3, who is not a schedule caste candidate, shall be permitted to contest the elections from Rampur Constituency, which is reserved for scheduled caste category. 5. Having regard to the nature of prayer made in the petition this Court without going into the merits of the case deems it fit to dispose of the present petition with direction to respondent No. 2 to consider and decide the representation filed by the petitioner expeditiously, preferably within two days from today. Ordered accordingly. Needless to say, authority while doing the needful in terms of instant order, shall afford an opportunity of hearing to the parties, especially respondent No. 3 and pass speaking order. Learned Deputy Advocate General undertakes to apprise respondent No. 2 with regard to passing of the instant order, enabling her/him to do the needful in terms of the instant order. Authenticated copy of the order be supplied to the learned Deputy Advocate General enabling her to comply with the order expeditiously. Pending applications, if any, also stand disposed of.