- (1.) Learned Standing counsel appears for respondents No. 1, 3 and 4. Sri K.P. Singh, learned counsel appears for respondent No. 2. Issue notice to respondent No. 5. Steps be taken within a week.
(2.) The learned counsel for the petitioner submitted that for Gram Panchayat Aheta, Block Madhogarh, District Jalaun his nomination was accepted and he was also allotted symbol on 29.9.2010 for participating in the election. He further submits that subsequently on 5.10.2010 the Returning Officer has passed an order cancelling the earlier order allotting the symbol and acceptance of the nomination. The submission is that the said order has been passed on the basis of conviction of the petitioner in a case under Sec. I.P.C. The submission is that disqualification shall be there only when the conviction is for an offence involving moral turpitude by virtue of Sec. 5 -A(g) of U.P. Panchayat Raj Act, 1947. He submits that the offence for which the petitioner was convicted did not involve moral turpitude and order dated 5.10.2010 is bad and is illegal. He further submits that once the nomination has been accepted and symbol allotted the Returning Officer had no jurisdiction to pass order cancelling the allotment of symbol. Prima facie, the petitioner has made out a case for grant of interim relief.
(3.) Let a counter affidavit be filed within three weeks.;