SUNAINA SINGH Vs. RAMESH CHANDRA & ORS.

JUDGEMENT

(1.) THE petitioner, who had been declared elected as a Pradhan under the pro­visions of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the 'Act'), has sought the quashing of the order dated 18th August, 2009 passed by the Revisional Au­thority by which the order dated 21st July, 2008 passed by the Prescribed Authority dis­missing the election petition filed by respon­dent No. 1 under Section 12-C of the Act was set aside and the Revision was allowed.

(2.) THE petitioner was declared elected as Pradhan on 28th August, 2005. Respondent No. 1 challenged the election of the petitioner by filing Writ Petition No. 73040 of 2005 which was dismissed by this Court by the judgment and order dated 29th November, 2005 and the operative portion is reproduced below:

(3.) THE Prescribed Authority then by the or­der dated 21st July, 2008 dismissed the elec­tion petition both on the ground of limitation as well as on merits. Respondent No. 1 there­after filed Revision which has been allowed by the learned District Judge, Mau by the or­der dated 18th August, 2009 holding that the Prescribed Authority dismissed the election petition only on the ground of limitation but did not frame issues and decide them. The order dated 21 st July, 2008 passed by the Pre­scribed Authority was, accordingly, set aside and the matter was remanded to the Pre­scribed Authority to decide the matter in ac­cordance with the judgment and order dated 21st November, 2007 passed in Writ Petition No. 57173 of 2007.