MANJU DEVI Vs. STATE OF U P

JUDGEMENT

(1.) SUNIL Ambwani, J. Heard Shri Shashi Nandan, Senior Advocate assisted by Shri Namit Srivastava for the petitioner and Shri A. K. Singh and Shri S. R Singh for the contesting respondent. Learned Standing Counsel appeared for the State respondents.

(2.) SMT. Manju Devi was elected as Pradhan of Village Jungal Aktaha, Nyay Panchayat Chhapault Tappa Nagwa Tikar, Pargana Silhat, Vikas Khand Gauri Bazar Tehsil Rudrapur, District Deoria. Shri Surendra Pratap Singh filed an Elec tion Petition under Section 12-C (2) of U. P. Panchayat Raj Act, 1947 (in short, the Act), challenging the elections on the ground that his nomination paper was wrongly rejected a day before elections as he had resigned from the post of Chairman of the Cooperative Cane Development Union Limited Gauri Bazar, before filing the nominations. The District Magistrate did not have the authority to cancel his candidature and to put a cross mark on the ballots, on his name and election symbol. The election petition was allowed and the elections were set aside by the Sub Divisional Magistrate, Rudrapur on 9. 8. 2007, with the directions to hold fresh elections. A revision, under Section 12-C (6) of the Act arising out of order of the Prescribed Authority, was dismissed by the Special Judge, (E. G. Act) Court No. 5 Deoria, on October 4, 2007.

(3.) THE short question, which calls for consideration of the Court in both these writ petitions, is whether the nomination of Shri Surendra Pratap Singh could be rejected by the District Magistrate on the basis of some clarification issued by the State Election Commission on 8. 8. 2005, without giving him any opportunity of hearing, and that whether Shn Surendra Pratap Singh had in fact resigned from the post of Chairman of the Cooperative Cane Development Union Ltd. , Gauri Bazar on 2. 8. 2005 and the resignation was accepted on 16. 8. 2005.