RAM DAYAL Vs. CHIEF ELECTION COMMISSIONER UTTAR PRADESH

JUDGEMENT

(1.) The present petition has been filed by a voter of Village Panchayat, Madhukarpur, Block Deeh, District Raebareli, for a writ of quo -warranto to be issued against the 5 th respondent, who according to the petitioner, has usurped the public office of Village Pradhan of the above mentioned village Panchayat in spite of the fact that she was totally disqualified from contesting the said election having not completed the age of 21 years as per Section 5 -A of the Uttar Pradesh Panchayat Raj Act 1947. The petitioner also states he is a fair price shop licensee of the Village Panchayat.

(2.) The contention of the petitioner is that the age of the respondent no. 5 as reflected in the voter's list as 24 years and also in the details of the candidate uploaded on the website is wrong and her declaration about age before the returning officer at the time of filing of her nomination is also false.

(3.) To substantiate this allegation, the petitioner has relied on the entry of the date of birth of the respondent no. 5 in her class X High School Certificate issued by the Board of High School and Intermediate Education, Uttar Pradesh as per the Regulations framed under the U.P Intermediate Education Act, 1921. According to the petitioner, the High School Certificate clearly records 5th of July 1997 as the date of birth of the respondent no. 5 and accordingly she completes approximately 18 and a half years of age as on the date of filing of the nomination and contesting the elections which were held on 7th of December 2015.