SOBHNATH Vs. RAJ KISHORE

JUDGEMENT

(1.) THIS special appeal by Sri Sobhnath is directed against the judgment of G.C. Mathur, J. dated 11-4- 1966 allowing writ petition No. 2019 of 1965 filed by respondent No. 1 Sri Raj Kishore.

(2.) SRI Sobhnath filed an election petition before the Sub-Divisional Officer Meja district Allahabad challenging the election of Sri Raj Kishore as the Pradhan of village Kaundhiara. The main ground on which the election petition was founded was that Raj Kishore being a dismissed employee of the Sadhna Sahkari Samiti Ltd. which (according to Sobhnath) was a local authority was not eligible for nomination and consequently for election. The Sub Divisional Officer by his judgment dated 28-5-1965 allowed the election petition on the finding that Raj Kishore being a dismissed employee of the Sadhna Sahkari Samiti Ltd. was not eligible for election as the Sadhna Sahkari Samiti was a local authority within the meaning of Section 5A of the U. P. Panchavat Raj Act. This led to the filing of the writ petition No. 2019 of 1965 by Sri Raj Kishore.

(3.) MR . D. Sanyal who has appeared for the appellant before us has contended that the view taken by the learned Single Judge is not correct and that taken by the Sub Divisional Officer is correct.