SUNIL KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Alok Kumar, for the petitioner and Dr. L.P. Mishra and Sri Umesh Kumar Shukla for respondent -6.

(2.) THIS writ petition has been filed against the order of Additional District Judge dated 06.08.2014, allowing the revision and setting aside the order of Prescribed Authority dated 02.07.2014, allowing Election Petition No. 1/1/2/10/3.

(3.) THE petitioner filed an election petition (registered as Election Petition No. 1/1/2/10/3) under Section 12 -C of U.P. Panchayat Raj Act, 1947, challenging the election of Mangal Prasad Shukla (respondent -6) as Pradhan of Gram Panchayat Akraura, block Payagpur, district Bahraich, declared on 28.10.2010. It has been stated in the election petition that election for member and Pradhan of Gram Panchayat Akraura, block Payagpur, district Bahraich was notified in October, 2010. The petitioner filed his nomination on 04.10.2010 for the post of Pradhan. Mangal Prasad Shukla (respondent -6) also filed his nomination for the post of Pradhan. Scrutiny of nomination papers were done during 07.10.2010 to 10.10.2010. The petitioner raised an objection on 07.10.2010 against nomination of Mangal Prasad Shukla (respondent -6) and one Jagdish Prasad Pandey, on the ground that these persons were men of criminal background and convicted in criminal cases and were not eligible to contest the election of Pradhan. Against Mangal Prasad Shukla (respondent -6), it has been stated that he was convicted by Special Judge Bahraich in S.T. No. 21 of 1985, by order dated 04.11.1985 but he had deliberately not disclosed about it, in Appendix -I attached to his nomination papers. Returning Officer, however did not reject the nomination of Mangal Prasad Shukla (respondent -6). It is alleged that the petitioner also made a complaint in this respect to District Magistrate on 09.10.2010 but nothing was done. Poling was held on 25.10.2010. Thereafter counting was done on 28.10.2010, in which Mangal Prasad Shukla (respondent -6) was declared as elected, as Pradhan of Gram Panchayat Akraura, block Payagpur, district Bahraich. Allegation relating to corrupt practice during voting and unfair counting were also made in the election petition. But later on, the petitioner confined arguments in the election petition only on the ground that Mangal Prasad Shukla (respondent -6) had illegally not disclosed in Appendix -I attached to his nomination papers, about the fact relating to his conviction by Special Judge Bahraich in S.T. No. 21 of 1985 by order dated 04.11.1985 and his nomination papers had been illegally accepted.