SHADAB AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) This intra-Court appeal is directed against the order dtd. 25/5/2022 passed by a learned Single Judge in a writ petition filed by the petitioner challenging the order dtd. 13/5/2022 passed by the Prescribed Authority/Sub Divisional Magistrate Baberu in a petition filed against him under Sec. 12-C of the U.P. Panchayat Raj Act, 1947 challenging his election as Gram Pradhan of Gram Sabha Hardauli.

(2.) Sri Gajendra Pratap, learned Senior Advocate assisted by Sri Virendra Singh, appearing on behalf of respondent no.5 raised a preliminary objection to the maintainability of the instant special appeal. It is submitted that the present special appeal is barred as it is directed against the order of learned Single Judge passed under Article 226 in respect of an order passed by the Election Tribunal constituted under U.P. Act. It is urged that in view of specific exclusion made under Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952, this appeal is incompetent.

(3.) On the other hand, Sri Shailendra, learned Senior Counsel assisted by Sri S.N. Iqbal appearing for the appellant submitted that the special appeal is perfectly maintainable, inasmuch as, the election petition itself was still-born not having been presented in the manner prescribed; that the Act itself contemplates filing of revision before District Judge which shows that the Sub Divisional Magistrate while exercising power under Sec. 12-C of the U.P. Act does not act as an Election Tribunal but in administrative capacity; and in any view, the Election Tribunal does not have trappings of civil court.