LAWS(ALL)-2006-1-105

HARI OM YADAV Vs. STATE OF U P

Decided On January 13, 2006
HARI OM YADAV Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

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

(2.) HEARD Shri S. P. Gupta, senior advocate, assisted by Mr. Yashwant Verma, learned 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 for 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.LA.').

(3.) A Division Bench of this Court had passed an interim order on 30th April, 2000, directing that the casual vacancy in the office of Adhyaksh that may have occurred due to election of the petitioner to the Legislative Assembly shall not be filled up.