GORAKH NATH YADAV Vs. PARSHURAM SINGH

JUDGEMENT

(1.) By the instant Writ Petition, the petitioner has challenged the orders of the Sub-Divisional Officer dt. 25-7-1991 and of the District Judge dt. 22-1-1992. Sri Parsu Ram, respondent No. 1 filed his caveat and his counter-affidavit. Rejoinder affidavit has been filed by the petitioner. Heard Sri S. K. Varma, counsel for the petitioner and Sri L. P. Singh, Counsel for the respondents.

(2.) The petitioner contested the election of Pradhan of the Gaon Sabha. An election petition was filed by the respondent No. 1 Sri Parsu Ram Singh challenging the petitioner's election on the ground that he was less than 30 years of age on the date he had filed his nomination. The opposite party pleaded that petitioner was not qualified and eligible to contest the election of Pradhan. The petitioner appeared before the Sub-Divisional Officer who is Election Tribunal under the Panchayat Raj Act and filed his written statement.

(3.) The opposite party No. 1 pleaded in his election petition that date of birth of Gorakh Nath was 1-12-1964 and on the date of filing of the nomination i.e. on July 1988 he was not of 30 years of age. The election was materially affected by the acceptance of the nomination paper of the petitioner.