loader image

Allahabad HC Stays Removal of Rae Bareli Nagar Panchayat Chairman After Caste Certificate Cancellation Was Stayed

Allahabad HC Stays Removal of Rae Bareli Nagar Panchayat Chairman After Caste Certificate Cancellation Was Stayed

Chandrashekhar Rastogi v. State of Uttar Pradesh & Others, Writ-C No. 10603 of 2026 [Order dated October 15, 2026]

Allahabad High Court

The Allahabad High Court, Lucknow Bench has stayed the removal of Chandrashekhar Rastogi from the post of Chairman of Nagar Panchayat Salon in Uttar Pradesh’s Rae Bareli district, along with consequential steps taken to fill the post, after noting that the order cancelling his caste certificate had already been stayed by another Bench.

A Division Bench of Justice Rajan Roy and Justice Manjive Shukla passed the order in a writ petition challenging the December 29, 2025 memorandum removing the petitioner from the post.

The Court noted that the petitioner had earlier filed Writ Petition challenging the cancellation of his caste certificate. A Single Judge had stayed the cancellation order on September 18, 2026, and directed that no coercive measures be taken on its basis.

The petitioner counsel argued that, in view of the interim protection, the office of Chairman could not be treated as vacant and an election could not be held to fill the post. The State Election Commission, however, submitted that the earlier interim order had stayed only the cancellation of the caste certificate and had not specifically stayed the election process.

The Bench observed that the December 29, 2025 removal order was based on the cancellation of his’s caste certificate and that no other ground had been mentioned for his removal. It held that, while the interim order in the earlier petition remained operative, the basis for treating the office as vacant and proceeding to fill it through an election was “non-existent at least as of now”.

The Court accordingly stayed the December 29, 2025 order and all consequential actions for filling the post of Chairman, Nagar Panchayat Salon, pending further orders in the earlier writ petition.

The Bench clarified that the protection would be subject to further orders in the earlier Writ Petition. If the interim order in that case is vacated or the petition is dismissed without further protection, the authorities would be at liberty to proceed in accordance with law. The matter has been directed to be listed after six weeks. The State Election Commission was also directed to immediately communicate the order to the concerned Returning/Election Officer and issue necessary compliance directions.

Appearances

Counsel for Petitioner: Ankit Rai, Vipul Shukla

Counsel for Respondent: C.S.C., Anindya Shastri

PDF Icon

Chandrashekhar Rastogi v. State of Uttar Pradesh & Others

Preview PDF