RAIS AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri D.S. Mishra, learned Counsel for the Petitioners and learned Standing Counsel for the Respondents.

(2.) The Petitioners have filed this writ petition for issue of a writ in the nature of mandamus for holding the election dated 14.10.2010 of the Gram Panchayat, Mirzapur Vikas Khand-Vilaspur, Tehsil-Swar, District Rampur as illegal, invalid and thereby setting aside the same. It has also been prayed that the result of the said election be not declared.

(3.) According to the Petitioner, election of the Gram Panchayat in question was declared and the Petitioner No. 1 filed his nomination paper on 28.6.2010 for contesting to the post of Member, Kshetra Panchayat, whereas the Petitioner No. 2 is a registered voter and had filed her nomination for the election to the post of Pradhan under the general female category on 27.9.2010. 30.9.2010 was fixed for scrutiny of nomination papers wherein no mistakes or errors were found and the nomination papers were accepted by the Returning Officer. It is stated that in other wards of the Gram Panchayat other persons had filed their nomination and after scrutiny, they were found to be correct and hence were accepted. On 3.10.2010 the contestants were allotted respective symbols and ballot papers in accordance thereof were published.