OMENDRA PAL SINGH Vs. DISTRICT JUDGE ETAH

JUDGEMENT

(1.) -The petitioner wis elected as Pradhan on 5-6-1988 of Gaon Sabha Sakatpur, Respondent no, 3 challenged the said election by means of an election petition under section 12-C of the U. P. Panchayat Raj Act (hereinafter referred to as the Act).

(2.) THE petitioner raised a preliminary objection in the election petition that the election of the Petitioner as Pradhan of Gaon Sabha Samatpur was challenged and as such the same was; not maintainable. THE respondent no. 3 realised the mistake that in place of Sakatpur, the word 'Samatpur' has been typed out. He made an application for amendment of the election petition that instead of ward 'Samatpur' it may be corrected as 'Sakatpur'.

(3.) THE learned counsel for the petitioner contended that the security deposited by the respondent no. 3 was regarding village Samatpur and not for Sakatpur and as such it was not a valid deposit. THE election petition under section 12-C of the Act was not maintainable.