LAWS(ALL)-2001-5-132

RAHMAT KHAN Vs. DISTRICT JUDGE BAREILLY

Decided On May 24, 2001
RAHMAT KHAN Appellant
V/S
DISTRICT JUDGE, BAREILLY Respondents

JUDGEMENT

(1.) This writ petition is directed against the order dated 5-2-2001 passed by the Prescribed Authority rejecting the objection of the petitioner in regard to the validity of filing the election petition and the order of the revisional Court dated 11-5-2001 dismissing the revision against the said order.

(2.) The election of Pradhan of Gram Panchayat Boomchi, tehsil Meerganj, Bareilly was held in June, 2000. The petitioner was elected as Pradhan of the said Gram Panchayat, Respondent No. 3 filed election petition under Section 12-C of the U.P. Panchayat Raj Act, 1947 (in short the Act) challenging the election of the petitioner on various grounds. In the said election petition the petitioner filed an application before the Prescribed Authority for rejecting the election petition with the allegations that the election petition was not properly presented before the appropriate Authority and without required amount being deposited before presenting the election petition.

(3.) The Prescribed Authority rejected the application vide order dated 5-2-2001 holding that the election petition was properly presented before the Prescribed Authority concerned and the respondent No. 3 had deposited the required amount before presentation of the election petition. The petitioner preferred a revision against this order and it was dismissed by respondent No. 1 on 11-5-2001 on the ground that it was against the interlocutory order. These orders have been challenged in the present writ petition.