YASEEN KHAN Vs. SUB-DIVISIONAL OFFICER AMROHA MORADABAD

JUDGEMENT

(1.) This petition for the issue of a writ in the nature of certiorari is directed against an order of the learned Sub-Divisional Officer, Amroha allowing an, election petition. Yasin Khan petitioner and Chhiddu Khan (opposite party No. 2) were candidates for the post of Pradhan of Gaon Sabha of village Salarpur Khalsa, Pargana Amroha, district Moradabad. The Returning Officer declared Yasin Khan elected to the post of pradhan. Chhiddu Khan filed an election petition. On 22-3-1956 the learned Sub-Divisional Officer allowed the election petition, set aside Yasin Khan's election and directed that fresh election be held. Hence this petition by Yasin Khan.

(2.) A perusal of the order dated 22-3-1958 shows that, the election petition was allowed on the ground that the Place of polling was altered without proper notice to the voters. The main: point raised in the present petition by Yasin Khan is that, the point relied upon by the learned Sub-Divisional Officer was not raised in the election petition at all. The point has not been denied in the counter-affidavit filed by Chhiddu Khan. The learned Sub-Divisional Officer himself wrote in his order that, the ground was not taken in writing but was taken before him in arguments. The question, therefore, arises whether an election petition can be allowed on a point not raised in the election petition itself.

(3.) Section 12-C of the U. P. Panchayat Raj: Act, 1947 provides for an application for questioning elections. Sub-section (1) of Section 12-C runs thus :