HARVANS SINGH Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) PETITIONER has invoked writ jurisdiction of this Court assailing the election of respondent No. 4, who was declared elected as Village Pradhan of village Dhoomkheda, Block Sitarganj, District Udham Singh Nagar on 29.06.2014. Undisputedly, election of Village Pradhan can be challenged under Section 12 - C of the U.P. Panchayat Raj Act, 1947. Undisputedly, petitioner has not approached Election Tribunal to challenge the election of respondent No. 4 within time.

(2.) MR . T.K. Nailwal, learned counsel for the petitioner, submits that as per report of the SDM/Deputy Collector, Sitarganj dated 23.02.2015 constituencies were wrongly formulated/constituted, which has materially affected the election.

(3.) THE Full Bench of Punjab and Haryana High Court in the case of Lal Chand ( : AIR 1999 P&H 1 (FB)) (supra) while placing reliance on the judgment of Hon'ble Apex Court in the case of State of U.P. v. Pradhan Sangh Kshetra Samiti, reported in : AIR 1995 SC 1512 has held that neither delimitation of Panchayat area nor of the constituency in the said area and the allotment of seats to the constituencies, could be challenged nor the Court could entertain such challenge except on the ground that before the delimitation, no objections were invited and no hearing was given; even this challenge could not be entertained, after notification for holding elections was issued.