AMRENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard counsel for the petitioner, learned counsel appearing for the respondent No. 5, Sri P.N. Rai learned standing counsel appearing for the respondent No. 4 and learned standing counsel.

(2.) By this writ petition the petitioner has prayed for quashing the order dated 22.9.2005 (Annexure-2 to the writ petition ) passed by the respondent No. 4. A writ of mandamus has also been prayed directing the respondent not to interfere in peaceful functioning of the petitioner as village Pradhan.

(3.) Brief facts necessary for deciding this writ petition are; Petitioner contested the election of Gram Pradhan of village Murdhawa, in which he was declared elected on 28th August, 2005. The State Election Commission passed an order dated 22.9.2005 holding that the petitioner Amrendra Singh could not contest the election of the office of Pradhan because he stood disqualified on account of his conviction dated 13.6.1997 passed in Session Trial No. 43 of 1993 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and was sentenced to undergo three years' rigorous imprisonment and fine of Rs. 5000/-, The Election Commission countermanded the election of the petitioner in consequence of which steps for fresh election of the office of Pradhan have been initiated.