SUDHA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Arvind Kumar Singh-II, learned counsel for the petitioner, Sri Shashi Nandan, learned Senior Advocate assisted by Sri A.T.Kulshreshtha for respondent No.3 and learned Standing Counsel for respondents No.1 and 2. Since a pure question of law raised by learned counsel for the petitioner, learned counsel for the respondents stated that they do not propose to file counter affidavit and the matter may be heard finally at this stage under the rules of the Court after considering oral submission of the parties. Hence I proceed accordingly.

(2.) The writ petition is directed against the order dated 16.11.2011 passed by Sub-Divisional Officer/Deputy Collector, Etah considering issue no.5 as to whether election petition suffers any defect for non impleadment of necessary parties and if yes, its effect. It has held that non impleadment of Election Officer namely Returning Officer/ Assistant Returning Officer makes the election petition defective and therefore, the election petitioner has been directed to implead Returning Officer/Assistant Returning Officer as defendant in the election petition No.8 of 2011.

(3.) The general election of Gram Pradhan of Gram Panchayat Kherda Nizampur, Block Nidhaulikala, District Etah was held on 2.11.2010 in which respondent No.3 Dayashri, Wife of Shri Rambresh Singh was declared elected while the petitioner, who also contested election, was defeated. The petitioner filed Election Petition No.8/11 before Prescribed Authority/Sub Divisional Officer, Etah under Section 12-C of U.P. Panchayat Raj Act, 1947 (hereinafter referred to as "Act 1947") impleading respondent No.3 as also all other unsuccessful candidates as defendants 1 to 11. The Election Tribunal framed six issues on 29th July, 2011 and issue no.5 reads as under: