MAHENDRA SINGH Vs. DISTRICT MAGISTRATE, HARDOI AND OTHERS

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution has been filed by Mahendra Singh for direction to the District Magistrate, Hardoi to administer him oath as the member of the Nyaya Panchayat of village Garaura, Pargana Gopamau, Vikas Khand Ahrauri and district Hardoi. held in June, 1988.

(2.) The petitioner was a candidate for being elected member of Gaon Panchayat from Constituency No. 4 of the aforesaid village. The number of seats allotted for Nyaya Panchayat should have been on the basis of 1981 census. In that year population of the aforesaid village was 2725. According to it total number of seats were thirteen. It was wrongly announced as fifteen. The seats allotted to the petitioner's constituency were five, three Scheduled Caste and two general, As a fact, in accordance with Rule 3-D read with Rule 2(g) of the U, P. Panchayat Raj Rules, 1947, the number of seats should have been one for general candidate and two for Scheduled Caste upon census, the general seats allotted to the petitioner Constituency were two. He claimed that he was entitled to be declared elected as against the second seat. For the first Rama Shanker Singh had been declared elected.

(3.) After the election had taken place, the District ^Magistrate detected the mistake and got the result of three members of the Nyaya Panchayat announced. Out of these three, two were of Scheduled Caste and one general candidate.