CHANDRA PAL SINGH Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) THE dispute relates to the office of Pradhan of Gaon Sabha village Nangli, Jamalpur, P. O. Kurmali, District Muzaffarnagar. On 5-7-1988, election for the office of Pradhan was held. In the said election, Chandra Pal Singh and Surendra Pal Singh were candidates. THE election was held and ultimately Surendra Singh was declared elected. Chandra Pal Singh filed an election petition under section 12C of the U P. Panchayat Raj Act, 1947 questioning the validity of the declaration of the result in favour of Surendra Singh. This petition was filed before the Sub-Divisional Magistrate, Kairana who is the Prescribed Authority under the Act. During the pendency of this petition, Surendra Singh, the return candidate died. Consequently, by an order dated 27th October 1988, the Prescribed Authority abated the petition. Aggrieved by the said order, a writ petition no. 23748 of 1988 was filed in this court.

(2.) AFTER the election petition had been abated by an order dated 27th October, 1988, fresh elections were declared to be held and next election programme was fixed by the District Magistrate by the order dated 28-2-1989.

(3.) WE have heard learned counsel for the petitioner in both these petitions and Sri Sankatha Rai on behalf of Dharam Pal Singh. Since both these petitions relate to the same subject matter, they are being decided by a common order.