LAWS(ALL)-2006-1-129

HARI OM YADAV Vs. STATE OF U P

Decided On January 31, 2006
HARI OM YADAV SHRI VIDDHYA RAM YADAV Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) In the instant petition sole petitioner has challenged the constitutional validity of Section 27-A of the U.P. Kshetriya Panchayats and Zila Panchayats Adhiniyam, 1961 U.P. Act No. 53 of 1961 (hereinafter referred to as '1961 Act), which imposes bar on legislatures and holders of certain offices oecoming and continuing as Pramukh, Up Pramukh, Adhyaksn and Jpadhyaksh.

(2.) Heard Shri S.P. Gupta, Senior Advocate, assisted by Mr. Yashwant Vermo, learner counsel for the petitioner, Shri Chandra Shekhar Singh, learned Standing Counsel appearing for the State, Shri P.K. Mishra, learned counsel appearing for the State Election Commission, Shri B.D. Madhyan, learned Senior Advocate* assisted by Shri Satish Madhyan, learned Senior Counsel appearing tor Shri Brijendra Singh son of Ram Bharosey Lal, newly impleaded respondent, who has filed impleadment application as he is elected member from Ward No. 22 of Zila Panchayat, Firozabad. He has staked his claim to the office of Adhyaksh, which has become vacant on account of previous Adhyaksh namely, Hari Om Yadav, petitioner having been elected as Member of Legislative Assembly (hereinafter referred to as 'M.L.A.').

(3.) Counter and rejoinder affidavits have been exchanged. As the parties have agreed thai the writ petition may be decided finally, we have proceeded to hear counsel for the respective parties.to decide the case finally.