OM PRAKASH Vs. IST ADDL DISTRICT JUDGE BALLIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution has been field for quashing the orders dated 24.6.1997 passed by the prescribed authority and 7.3.1998 passed by the Addl. District Judge, Ballia.

(2.) The dispute relates to election for the office of Pradhan of Gram Panchayat, Charwa Barwa, which is reserved for a male Scheduled Caste person. The last date for filing the nomination papers was 27.3.1995 and the election was held in April, 1995. In all, nine persons filed their nomination papers. After the election and counting of votes, the writ petitioner Om Prakash was declared to have been elected as Pradhan as he had secured highest number of votes. Niranjan Das-respondent No. 4 filed an election petition under Section 12C of the U.P. Panchayat Raj Act (hereinafter referred to as the Act) challenging the election of Om Prakash on several grounds and the main ground was that he did not belong to Scheduled Caste Community. The prescribed authority by his order dated 24.6.1997 allowed the election petition, set aside the election of Om Prakash and declared the election petitioner Niranjan Das as duly elected Pradhan of Gram Panchayat. The revision preferred by Om Prakash against the aforesaid order was dismissed by the Addl. District Judge on 7.3.1998. It is these orders which are impugned in the present writ petition.

(3.) Dr. R. G. Padia learned counsel for the petitioner has submitted that the learned Addl. District Judge did not apply his mind to the facts of the case and did not consider the evidence adduced by the parties and therefore, the same is liable to be set aside. The power of revision is conferred by sub-section 16) of Section 12C of the Act which reads as follows :