KEDAR NATH Vs. S N MISRA

JUDGEMENT

(1.) The petitioner and the second respondent were candidates for the Office of Pradhan of Gaon Sabha Bahua, in Tahsil Fatehpur, at an election held on the 37th December 1955, under the provisions of the U. P. Panchayat Raj Act, 1947 (herein referred to as the Act). The petitioner was declared elected. Thereupon the second respondent filed an election petition challenging the validity of the former election. The petition was filed before the Sub-Divisional Officer, Fatehpur.

(2.) On the 1st March 1956, during the pendency of that petition, the State Government sent a demi-official letter No. A-414/2/A-1956 to all District Magistrates. That letter read as follows:

(3.) The petition was then heard by that officer and was allowed by an order dated the 3rd July 1956. The election of the petitioner was set aside and the second respondent was declared duly elected.