VIRANDRA Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu, J. Sri Virendra son of Late Sri Markandey has filed this writ petition with the prayer that the order dated 14-6-1995 (Annexure 4) passed by the District Panchayat Raj Officer, Varanasi, be quashed by issuing a writ in the nature of certiorari. It is further prayed that a mandamus be issued quashing the provisions of 60 days limitation as brought about by sub-section (3) of Section 27-C which has been incorporated by U. P. Ordinance No. 25 of 1995 known as U. P. Panchayat Laws (III) Amendment Ordinance, 1955 (for short, the Ordinance) whereby the aforesaid Section 27-C has been added in the U. P. Kshettra Panchayat and Zila Panchayats Adhiniyam, 1961 (herein after referred to as the Act.)

(2.) SRI R. N. Singh, Advocate, assisted by SRI A. P. Sahi has been heard at sufficient length in support of the pleas taken in the writ petition which is opposed by SRI Kirpa Shanker Singh, learned Standing Counsel on behalf of the State of U. P. and SRI Aditya Narain Singh on behalf of opposite party No. 4, U. P. State Election Commission.

(3.) SOME relevant facts may be stated. Elections for members of Kshettra Panchyat in Varanasi for Chandauli Constituency were held on 7-4-1995 and the petitioner was declared elected as member of Kshettra Panchayat Chandauli, Varanasi on 21-4-1995. The petitioner had simultane ously filed nomination for member of Zila Panchayat and by the result dated 21-4-1995 he was also declared successful as member of Zila Panchayat, Varanasi.