ABDUL KADIR Vs. PRESCRIBED AUTHORITY

JUDGEMENT

(1.) Heard Shri Tripathi B.G. Bhai, learned counsel for the petitioner, Shri Salman Ahmad, learned counsel for the respondent no. 2 and learned standing counsel for the State - respondents.

(2.) The facts of the case, in brief, are that on 01.12.2015, election of Gram Pradhan of Gram Panchayat - Delhapar, Vikas Khand - Bankati, Tehsil - Basti Sadar, District - Basti was held and the votes were counted on 13.12.2015. The result was declared on the same day, i.e., on 13.12.2015, in which the petitioner got 285 votes, while the respondent no. 2 got 80 votes. After declaration of the result, the respondent no. 2 - Aslam filed an election petition before the Prescribed Authority / Assistant Collector, Sadar, District - Basti on the ground that the elected candidate was below the prescribed age of 21 years on the date of filing of nomination paper. The elected person (the petitioner herein) has mentioned his date-of-birth as "07.07.1995" as per his High School Certificate. Therefore, on the date of nomination, i.e., on 19.11.2015, he was only 20 years, 4 months and 12 days and therefore, he was ineligible for the post of Gram Pradhan. The said election petition was filed for cancellation of the election, along with treasury challan dated 08.03.2016 showing an amount of Rs. 50/- as security. Against the election petition, the petitioner filed his written submission contending that he was above 21 years on the date of filing of nomination paper, i.e., on 19.11.2015.

(3.) On 26.07.2017, the Prescribed Authority dismissed the election petition filed by the respondent no. 2. Aggrieved by the order dated 26.07.2017, the respondent no. 2 preferred Civil Revision No. 68 of 2017 before the District Judge, Basti. The District Judge, Basti, by the impugned order dated 23.12.2017, has remanded the matter back to the Prescribed Authority for deciding the matter afresh. Feeling aggrieved by the impugned order dated 23.12.2017, the present petition has been filed.