SUJEET KUMAR SINGH Vs. STATE OF U.P

JUDGEMENT

(1.) This writ petition is directed against the order of the State Election Commissioner, U.P. at Lucknow dated 19.1.2013 by which he has countermanded the elections of Chairman, Zila Panchayat, Varanasi on the seat, which has fallen vacant on the no confidence motion passed against the then Chairman, Zila Panchayat, Varanasi on 28.6.2012; and its communication by the District Magistrate, Varanasi dated 20.1.2013.

(2.) The pleadings have been exchanged. With the consent of the parties, the writ petition was heard on the following questions of law:-

(3.) We have heard Shri Kesari Nath Tripathi, Senior Advocate assisted by Shri Sudist appearing for the petitioner. Shri C.B. Yadav, learned Additional Advocate General appears for the State respondents. Shri M.D. Singh 'Shekhar', Senior Advocate assisted by Shri Satyendra Kumar Singh appears for the State Election Commission-respondent no.3. Shri Amulya Ratan Srivastava appears for respondent no.5-Smt. Kanti.