RAJA RAM Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu, J. Raja Ram has filed this writ petition under Article 226 of the Constitution of India praying for a mandamus to re-schedule the election process not proceed with! the impending election for the posts of Pramukh of Kshetra Panchayat Shiv Rajpur, district Kanpur Dehat and a further mandamus should issue commanding the respondents to first hold the election of Member of Kshetra Panchayat from Bagchipur constituency No. 25 in pursuance of the directions given by the 1st Addi tional District and Sessions Judge, Kanpur Dehat on 11-12-1995.

(2.) SHRI G. C. Bhattacharya, learned counsel for the petitioner has been heard in support of this writ petition at substantial length. It is opposed by SHRI A. N. Singh assisted by SHRI Anil Kumar, Advocate on behalf of the U. P. State Election Commission and SHRI S. G. Hasnain on behalf of other official of the State arrayed as opposite party in this writ petition.

(3.) "on merits, it was vehemently argued by Shri Bhattacharya that in view of the provisions contained in Section 6 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 read with the provisions contained in Section 7 thereof it is imperative on the part of the respondents to first hold the election as directed by the District Judge in the election petition and then only proceed with the election of the Pramukh in accordance with law after filling up the said vacant consti tuency. This argument is also opposed.