RAM NATH SHARMA Vs. KHALIL KHAN

JUDGEMENT

(1.) Ram Nath Sharma, Asstt. Development Officer (Panchayat) Block Simbhaoli, District Ghaziabad has filed this revision against the order dated 11-12-1986 passed by Sri Y.S. Raizada, 3rd Additional Sessions Judge, Ghaziabad, thereby setting aside the condition imposed by Chief Judicial Magistrate, Ghaziabad by his order dated 3-12-1986 directing the opposite party Khalil Khan to hand over the charge of his office within 10 days to Asstt. Development Officer (Panchayat) Ghaziabad.

(2.) The facts leading to this revision are that the opposite party Khalil Khan and one Murlidhar Sharma contested the election of Pradhanship of Gaon Sabha Rajheti, Simbhaoli Block, Ghaziabad in the year 1982 in which Khalil Khan emerged successful. Murli Dhar Sharma, the rival contestant, filed an Election Petition before the Tribunal/Sub/Divisional Officer, Garh District Ghaziabad who allowed the election petition of Murli Dhar Sharma on 16-8-1985 and set aside the election of Khalil Khan. Khalil Khan went in revision against the aforesaid order before the Sessions Judge, Ghaziabad and the same was dismissed by 3rd Additional District and Sessions Judge, Ghaziabad on 5-10-1985. Consequently, Khalil Khan filed a Civil Misc. Writ Petition No. 15314 of 1985 before the High Court against the aforesaid orders dated 16-8-1985 and 5-10-1985. The aforesaid writ petition was admitted but the stay application filed by Khalil Khan was rejected on 30-10-85 by the High Court.

(3.) The case of the applicant Ram Nath Sharma is that the respondent Khalil Khan after his election having been set aside by the Sub-Divisional Officer, Hapur, declined to hand over charge of the office of Pradhan of Gaon Sabha Rajlleti to him. He therefore, reported the matter to the District Panchayat Raj Officer who by his order dated 29-7-1986 directed for taking action against Khalil Khan under section 14-A of Panchayat Raj Act. Consequently, Ram Nath Sharma went to the village Rajheti on 11-8-1986 alongwith a copy of the aforesaid order and met Khalil Khan but he was adamant and did not hand over the charge. He misbehaved with him and also along the documents on the ground having snatched the same from him and even tried to assault him. Thus Khalil Khan had obstructed the applicant in the discharge of his lawful duties as a public servant. Consequently, Ram Nath Sharma filed a report of the occurrence at Police Station and on the basis of the aforesaid report, a case under section 14-A of Panchayat Raj Act and under section 353 I.P.C. was registered against Khalil Khan at Police Station Bahadur Garh on 14-8-1986 at Crime No. 110 of 1986.