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9. The Sub Divisional Magistrate, Sayana submitted a report to the District Magistrate, Bulandshahar on 20.8.2007. In this report the Sub Divisional Magistrate has referred to averments in the complaint in which a request has been made to examine the nikahnama, school marksheet, parivar register and also the fact whether there are two persons in the village by the name of Rahimuddin. The Sub Divisional Magistrate found that there are two sets of parivar registers and there is contradiction in the copies of the parivar register of Shri Rahimuddin son of Shri Noor Mohammad. There is only one family of Rahimuddin, whereas two different copies of parivar register have been issued. In another copy of the parivar register Shri Mushir Ali Khan also known as Dr. Saddan Khan, Smt. Shahista is entered as his daughter. In this parivar register Shahista is entered as born in 1974. In this register she is shown to be illiterate, belonging to caste 'Pathan', and occupation agriculture. The residents of the village also know her by the name of 'Juli'. The Sub Divisional Magistrate, thereafter, referred to the voter list and the school records. In the voters list in the house of Rahimuddin in para No.217, house No.35 Sl. No.189 to 198 the name of Shahista is not entered. In the voters list of part No.219, house No.527 at Sl.No.808 the name of Shri Mushir Ahmad Khan, Bashir Ahmad Khan and his family entered, and in which the name of Shahista is shown. In the Primary School, Chandiana her name was entered by the Principal recording her admission on 1.7.1989, at Serial No.1002. She passed Class-V in 1990, and obtained a transfer certificate No.51493 dated 2.7.1990 and got admitted into R.A. Junior High School, Kashipur Bulandshahar in Class-VI, where her name is entered in the admission register at Serial No.1845. She passed Class-VIII examination on 30.6.1993. In all these school registers her father's name is shown as Dr. Mushir Ahmad Khan and religion as 'Islam'. The Sub Divisional Magistrate found that in the school records her name is entered as Shahista Khanam and in the electoral list as Shahista Parvin. She is sister's daughter of the Gram Pradhan Chandiana. All the villagers accepted that she is the same Shahista but they were not prepared to give anything in writing. He came to conclusion that one page of parivar register was torn and placed at another place. The parivar register was not maintained properly and there were several discrepancies in the entries. The Sub Divisional Magistrate reported that Smt. Shahista is 'Pathan' by caste. She is daughter of Shri Mushir Ali Khan. The then Lekhpal and Asstt. Registrar Kanoongo have falsely entered her name in the parivar register as daughter of Shri Rahimuddin. They have committed gross negligence in performance of their duties. The Tehsildar, Sayana on the basis of aforesaid report passed an order on 4.12.2009 cancelling her caste certificate. On the basis of the orders by the Tehsildar, Sayana of District Bulandshahar, the Tehsildar Thakurdwara, District Moradabad, where she is settled after her marriage to Shri Nawab Jan, a 'Pathan' by caste also cancelled the caste certificate on 9.12.2009. The caste certificate issued by the Tehsildar, Thakurdwara, Distt. Moradabad was based on certificate by Tehsildar Sayana, District Bulandshahar.

12. Learned Standing Counsel submits that the petitioner has played fraud with the system. She obtained a false caste certificate on the basis of a manipulated parivar register. The petitioner professes 'Islam' as religion and is 'Pathan' by caste, which is not notified as OBC. She succeeded twice misleading the Tehsildar, Sayana, in verifying her caste certificate based on fraudulent evidence. In the subsequent enquiry made, in pursuance to the directions issued by the High Court in writ petition filed by the petitioner Smt. Shahista, she was allowed full opportunity to defend herself. She was represented by a counsel, who led oral evidence. She did not request for filing documentary evidence nor filed any document to support her case before the Tehsildar, Sayana and the Sub Divisional Magistrate. She has also not filed any document to support her case in the writ petition. The Tehsildar has correctly found that she is daughter of Shri Mushir Ahmad Khan and is sister's daughter of the Pradhan of Village Chandiana Tehsil Sayana. She has nowhere stated in the writ petition that she is not illiterate and has not disclosed her qualifications. She has studied upto Class-VIII. Her name is entered in the parivar register, electoral roll and school records as daughter of Shri Mushir Ahmad Khan. She got married in her own caste to Shri Nawab Jan Khan, Muslim Pathan residing at Thakurdwara. She has misled the authorities and could not have contested the elections on the seat reserved for OBC.

13. Shri S.N. Fazal, learned counsel for the respondent submits that though the election petitions are pending, the complaints made by Smt. Nisha Kumari were considered by the Sub Divisional Magistrate and that it was found after a detailed enquiry that the petitioner has played fraud by manipulating the parivar register. After a detailed enquiry made in pursuance to the directions of this Court, in which the petitioner participated without any protest, the Sub Divisional Magistrate has recorded findings of fact that the petitioner had obtained a false caste certificate. She manipulated the parivar register by getting the pages replaced. She is daughter of Musheer Ahmad Khan and had taken education upto Class-VI in the village. Her name is recorded both in the voters list as daughter of Musheer Ahmad Khan and in the school records. She has not denied schools records and has deliberately not annexed the detailed order of the Sub Divisional Magistrate to avoid denials.

20. The petitioner has not denied the entries in the voters list and the school records which clearly establish that she is daughter of Musheer Ahmad Khan, a Pathan by caste and that she has studied in the village school upto Class-V and thereafter at R.A. Junior High School, Kashipur in Class-VI. The caste certificates were issued on the basis of parivar register, which was found to be manipulated. Some pages were torn and inserted in other place. The voters list clearly demonstrated that she is daughter of Musheer Ahmad Khan and is sisters' daughter of the Pradhan of the village. The petitioner has not challenged the correctness of these records in the writ petition nor has amended the writ petition, if she was not aware of the report of the Sub Divisional Magistrate annexed to the counter affidavit.