OMPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Prem Prakash Yadav, learned Standing Counsel assisted by Sri Devendra Pratap Yadav, learned counsel for the petitioner, Sri Imran Syed, holding brief of learned counsel for the respondent-Election Commission and learned Standing Counsel for the State-respondent.

(2.) Present petition has been filed seeking a writ of quo warranto against the private respondent no.10 who is the elected Gram Pradhan of Gram Panchayat, Nanuta Dehat Pargana and Tehsil Rampur Maniharan, District- Saharanpur.

(3.) The exact foundation for the present petition is, undisputedly, the said respondent no.10 is an elector included in the list of electors for the Nagar Nigam Nanuta for the year 2017. Without seeking deletion of her name from that list, her name was included in the list of electors from the Gram Panchayat, Nanuta Dehat for the year 2021. Thus, the said respondent is wholly ineligible. Heavy reliance has been placed on the mandatory provision of Sec. 9(7) of the UP Panchayat Raj Act, 1947 (hereinafter referred to as the 'Act').