RAJENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the impugned order dated 30-9-1995 passed by Block Development Officer, Block Barpura, district Etawah (Annexures '2-A and 2-B' to the writ petition ).

(2.) WE have heard SriAshok Khare,learned counsel for the petitioner and find no merit in this petition.

(3.) LEARNED counsel for the petitioner Sri Khare submits that the Ordinance cannot apply to the elections prior to the promulgation of the Ordinance. We do not agree with his contention. The purpose of the prohibition was to remove the mischief of holding 2 posts. If a person works on two posts, his attention will be diverted and he cannot give proper attention only to one post. If we construe the law in the matter as Sri Khare suggests it will go against the very Intention of the Ordinance. The petitioner's election was declared on 20-4-1995 and hence till 20-6-1995 he had to give his choice as to on which of the two posts he wishes to continue. The Ordinance came into force on 20-5-1995 and hence the petitioner had one full month's time to make up his mind to give his choice but he did not do so. Consequently the post of the Pradhan of Gram Panchayat, Bahurie, was rightly declared vacant under the said Ordinance.