PRAKASH PADIA, J. - (1.) The petitioner has preferred the present writ petition with the prayer to issue a writ in the nature of quo-warranto against the Respondent No. 6 to vacate the post of Gram Pradhan of Gram Panchayat Gohra Alamgirpur, Block Simbhawi, Tehsil and District Hapur Forthwith with the further prayer to issue a mandamus directing the concerned respondent to restrain the Respondent No. 6 from functioning as Gram Pradhan of the village in question.
(2.) Facts in brief as contained in the writ petition are that in the Panchayat General Elections of 2015 the respondent no. 6 namely Sanchit son of Ramkishan had filed his nomination papers on 23.11.2015 for the post of Gram Pradhan of village Panchayat Gohra Alamgirpur, Block Simbhavli, Tehsil and District Hapur. General Election of Gram Panchayat in question was held on 01.12.2015 in which respondent no. 6 was elected as Gram Pradhan. The petitioner came to know regarding the fact that respondent no. 6 was elected as Gram Pradhan for the first time in the month of April, 2017 and immediately thereafter he moved an application asking certain information's under Right to Information Act, 2005 from the office of District Inspector of Schools, Hapur. It is contended that the petitioner came to know that the respondent no. 6 was working on the post of Assistant Clerk in an institution namely Sri Gandhi Smarak Inter College, Hapur (hereinafter called as 'Institution').
(3.) It is stated in the writ petition that the respondent no. 6 has not resigned from the post of clerk prior to election of Gram Pradhan nor after he was elected on the post of Gram Pradhan. It is further stated in the writ petition that the institution in question is a Government aided Institution and all its teachers and employees are getting their salary from State Exchequer in terms of Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971. It is further stated in the writ petition that the post on which the respondent no. 6 is working comes within the purview of the office of profit and attracts disqualification U/s 5-A (c) of U.P. Panchayat Raj Act, 1947.;