KRISHNA UPADHYAY Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Jamwant Maurya, learned Counsel for the Petitioner and learned Standing Counsel.

(2.) By this writ petition, the Petitioner has prayed for a writ in the nature of quo warranto commanding and directing Respondent No. 6 to vacate the post of Gram Pradhan of Gram Sabha/Gram Panchayat, Hetampur, Block Sakaldeeha, District Chandauli forthwith and to restrain functioning of Gram Pradhan. Further mandamus has been sought directing the Respondent No. 2 to conduct fresh election of Gram Pradhan, Gram Sabha/Gram Panchayat, Hetampur, Block Sakaldeeha, District Chandauli.

(3.) Respondent No. 6 filed her nomination for the Office of Pradhan and was declared elected on 25.10.2010 and took charge on 3.11.2010. The Petitioner had also filed her nomination and was one of the contesting candidates. After declaration of the result of election, the Petitioner filed Election Petition No. 2 of 2010 under Section 12C of U.P. Panchayat Raj Act, 1947 challenging the election of Respondent No. 6 which election petition is pending consideration.