NISHA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri U.N. Sharma, Senior Advocate assisted by Sri Arvind Kumar Singh, Advocate for the Petitioner, Sri S.G. Hasnain, learned Additional Advocate General, Sri M.C. Chaturvedi, learned Chief Standing Counsel, Dr. Y.K. Srivastava and Sri Hemant Srivastava, learned Standing Counsel for the State of U.P. and Sri P.K. Mishra, Advocate for Respondent No. 4, State Election Commission.

(2.) The learned Additional Advocate General and Senior Counsel Sri S.G. Hasnain along with other colleagues representing the State Government submitted that no counter affidavit is necessary, inasmuch as, the facts in question are not in dispute and only the question of law is involved and the same may be heard and settled finally. He submits that there is urgency in the matter as the interim order of this Court is operating against the State due to which the election of Chairman of Kshettra Panchayat for district Etah is held up, whereas the election notification for rest of the State has been issued on 13.12.2010.

(3.) By means of this petition the validity of the order dated 12.8.2010 of the Government is questioned by which four posts out of eight posts in the district of Etah has been reserved for OB Cs for the forthcoming election of Pramukhs of Kshettra Panchayat. The said four posts reserved for OB Cs is pursuant to the policy of the Government as enumerated in the G.O. dated 9.7.2010.