RADHA KRISHNA Vs. PERGANA ADHLKARI TEHSIL KOL ALIGARH

JUDGEMENT

(1.) D. K. Seth, j. The respondent No. 2 filed an application under Section 12-C of. the U. P. Panchayat Raj Act, which was registered as Election Petition No. 6 of 1995. In the said case the respondent No. 2 filed on application on 23-5-1995 praying for calling for the record of the election from the Election Office and for some other interim order restraining the petitioner from taking over charge as Pradhan. By an order dated 15- 12-1995 the said application was allowed and the record of the impugned election were called for. It is against this order the petitioner has moved the present writ petition.

(2.) SRI M. C. Singh, learned Counsel appearing on behalf of the petitioner con tends that in the present case neither issues have been framed nor evidence had been led. There was no material available before the court to form an opinion as to the existence of the conditions as enumerated in the case of Ram Adhar Singh v. Sub-Divisional Officer, 1985 UPLBEC 317. Therefore, the said order cannot be sustained. He also relied on various decisions, which will be referred to shortly hereinafter, in support of his contention is two-fold; first, that in absence of any material and in absence of the conditions laid down in Ram Adhar Singh's case the court cannot pass any order for calling for the record and direction for recounting. Secondly, that while deciding the petition under Section 12-C of the said Act the Court does not have any power to grant any interim order. Whereas by allowing the said application dated 23- 5-1995 the court had allowed the prayer for restraining the petitioner from taking over charge as Pradhan and from carrying on the activities of Pradhan. Therefore, such an order cannot be sustained.

(3.) SECTION 12-C in itself does not make any provision by which the authority deciding the election petition, can derive jurisdiction to grant interim order, staying the result or the effect of the election. Neither the Rules have prescribed any such power to the authority to pass any interim order declaring the Pradhan to have been invalidly elected or restraining him either from taking over charge or from perform ing the duties of Pradhan.