SHAMSHER SINGH Vs. VI ADDL DISTRICT JUDGE VARANASI

JUDGEMENT

(1.) -Shamsher Siagh has filed Writ Petition No. 11258 of 1990 challenging the order of the S.D.M. and that of the revisional court setting aside his election as Pradhan. He alleges that he is still holding the charge of the office of Pradhan. Radhey Shyam has filed writ petition No. 11786 of 1990 challenging the alleged interference of Shamsher Singh and others in the discharge of his functioning as Pradhan having taken over charge in due course after Shamsher Singh's election was set aside.

(2.) SHAMSHER Singh was declared elected Gram Pradhan of village Khurukhunja Chandauli, Varanasi, by the Returning Officer on 6-6-1988 in the elections for the said post held under the U. P. Panchayat Raj Act, 1947 (for short the Act) having polled 498 votes defeating his nearest rival Radhey Shyam polling 493 votes. Radhey Shyam filed election petition on 10-6-1988 (Ejection Petition No. 9 of 1988) before the S D.M. Chandauli East, who is the Prescribed Tribunal/Authority under the Act, By the judgment and order dated 31-1-1989 the S.D.M. found Radhey Shyam having polled 11 votes more than SHAMSHER Singh and consequently allowed the election petition and held, that the result declared by the Returning Officer was materially affected and that Radhey Shyam stood elected having defeated SHAMSHER Singh by 11 votes. A revision by SHAMSHER Singh was taken to the District Judge. Varanasi, under section 12 of the Act which was cumbered as Revision No. 13 of 1982 which ultimately came to be decided by the Vlth Additional District Judge, Varanasi, who dismissed it on 12-4-1990.

(3.) SRI Devendra Pratap Singh and SRI R. N. Singh, learned counsel for the petitioners Shamsher Singh and Radhey Shyam respectively have been heard at sufficient length. They have also fled written arguments in this Court.