MOHAMMAD SHAMIM Vs. II ADDITIONAL DISTRICT JUDGE GHAZIPUR

JUDGEMENT

(1.) THIS writ petition has been filed by Mohammad Shamim challenging the order of the Second Additional District Judge, Ghazipur, dated 18-1-1992, passed under sub-section (6) read with sub-section (7) of Section 12-C of the Panchyat Raj Act (hereinafter referred to as the Act).

(2.) SRI Gajendra Pratap, learned counsel for the petitioner, SRI T. P. Singh, learned counsel for the answering opposite party and SRI Kamlesh Narain Pandey, learned Standing Counsel have been heard at length. When this petition was filed in this Court on 21-5-1992 the parties were directed to file an affidavit and this writ petition is being disposed of at the admission stage under the Rules of the Court.

(3.) AFTER this matter had gone before the Prescribed Authority, he allowed the Election Petition on 16-7-1991 holding that the opposite party no. 5 was in arrears beyond one year and so was the case of the other candidate Ramayan. Consequently he held that their nomination papers were wrongly accepted which ought to have been rejected and, therefore, the election of the opposite party no. 5 Akshaibar, declared on 22-6-1988 as the successful candidate in the elections of the Pradhan of the Gaon Sabha Wajidpur, was set aside and since the petitioner Mohd. Shamim was then the only surviving candidate who fought the election the petitioner Mohd. Shamim was declared having been duly elected as the Pradhan in the said election.