VINOD KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Girish Chandra Verma, Advocate assisted by Shri Vinay Kumar Verma, learned counsel for the petitioner and Shri Devansh Bhardwaj, learned Additional Chief Standing Counsel for the State.

(2.) The present petition has been filed alleging that respondent no.5 has been illegally elected as Gram Pradhan. It is stated that notification for holding election of Gram Pradhans in the State of U.P. was issued by the Election Commission in the year 2021 fixing various dates for the proposed election. The election was scheduled to be held on 19/4/2021. It is stated that the petitioner as well as other contesting candidates filed their nominations for election of Gram Panchayat - Poore Dhadhu. Respondent no.5 also filed his nomination for contesting the election of Gram Panchayat on 7/4/2021. The said application was appended with an affidavit dtd. 6/4/2021 wherein respondent no.5 had indicated his age as 21 years, however, as per the school records, the date of birth of respondent no.5 is 14/9/2000 and thus, respondent no.5 was not aged 21 years on the date of election, however, the nomination of respondent no.5 was accepted by Assistant District Election Officer.

(3.) It is further on record that the petitioner and 12 other candidates contested the election and respondent no.5 was declared elected. In short, the submission is that respondent no.5 could not have participated in the election as he was under age and thus, his election was bad in law. It is argued that the acceptance of his nomination form was clearly erroneous.