NEERAJ KAMBOJ Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed seeking three reliefs, namely, quashing of the order of reservation of seats, dated 18.5.2000, quashing the election process Including declaration of result dated 26.6.2000 and a writ of mandamus declaratlng appointment of Sub-Divisional Magistrate as Prescribed Authority under U. P. Panchayat Raj (Settlement of Dispute of Election) Rules, 1994, as illegal.

(2.) The petitioners are members of Gram Panchayat Dara Kot Tala, Block Punwaraka, district Saharanpur. They claim that the office of Pradhan of Gram Panchayat Dara Kot Tala was reserved in favour of a Scheduled Caste woman candidate in the elections held in the year. 1995. The State Election Commission issued a notification on 18.5.2000. wherein the office of Pradhan of Gram Panchayat Dara Kot Tala. referred to above was again reserved in favour of a Scheduled Caste woman candidate. The election was held in the third week of June, 2000 and the result was declared on 26.6.2000.

(3.) The principal contention urged by the learned counsel for the petitioners is that the reservation of the office of the Pradhan of Gram Panchayat Dara Kot Tala for a Scheduled Caste woman candidate in the election held fn dune, 2000 was Illegal as the principle of rotation provided under Article 243D of the Constitution was not followed. Clause 4 of Article 243D reads as follows :