SWAMI NATH Vs. S

JUDGEMENT

(1.) The petitioner was a candidate at an election held to elect the Pradhan of village Chaujeetpur Rangwa. The other candidates were respondents Nos. 3 to 5. The petitioner's nomination paper was on scrutiny rejected on the ground that he had been a government servant and was dismissed from service on the ground of misconduct. The misconduct that was attributed to him was that he had enticed away a woman. The respondent No. 3 was declared elected at the election which was held on 19th December, 1955. The petitioner thereupon filed an election petition which was dismissed. In the election petition he had raised the plea that his nomination paper had been improperly rejected because he was not a government servant and did not fall within the provisions of 6. 5-A(d) of the U. P. Panchayat Raj Act. Thereafter the present writ petition was filed in this Court.

(2.) The only question for decision in the case is whether the petitioner who was a Mukhia Was in the service of a State Government, the Central Government, a local authority or a Nyaya Panchayat. It cannot be denied that the petitioner would be guilty of misconduct inasmuch as he was removed for having enticed a woman who was not his married wife. Therefore the only question that remains is whether he was in the service of any of the authorities mentioned in Clause (d) of Section 5-A.

(3.) A Mukhia is appointed by the District Magistrate under Section 45 (3) of the Code of Criminal Procedure which runs as follows: