- (1.) Heard Sri P.S. Baghel, learned Senior Advocate assisted by Sri R.V. Chaudhary for the petitioner, Sri B.D. Mandhyan and Sri K.N. Tripathi, learned Senior Advocates, appearing for newly impleaded respondent and Sri S.K. Singh, learned Counsel appearing for the respondent no. 2 and learned Standing Counsel.
(2.) By these writ petitions, the petitioners have prayed for the issuance of a writ of mandamus, commanding the District Election Officer/ District Magistrate to accept the nomination form of the petitioners and allow them to participate in the by-election. The petitioners have further prayed for the quashing of the notification dated 7.4.2011 and public notice dated 8.4.2011, issued by the District Magistrate as well as to declare the entire election held in pursuance of the said notices as illegal and void. It has been also prayed that the election of Gram Pandhayat Bagesoti, Block Chopan, District Sonbhadra be not given effect to. Counter and rejoinder affidavits have been exchanged between the parties. The writ petition No. 2173 of 2011 is being treated as leading writ petition and reference to pleadings in leading petition is sufficient for deciding all the writ petitions.
(3.) The brief facts of the case, as they emerge from the pleadings of the parties are; that the Pradhan of Gram Panchayat Bagesoti, Block Chopan, District Sonbhadra namely; Brij Bhushan died on 22.3.2011 thereby causing a vacancy in the office of the Pradhan. The State Election Commission vide notification dated 6.4.2011 directed the District Election Officer to hold a by-election in their respective districts. The District Magistrate on 7.4.2011 issued a notification in pursuance of the order of the Election Commission to hold a by-election. The notification of the District Magistrate was published in the news paper on 8.4.2011 and notice by beat of drum was also given in the village in question on 8.4.2011. 9.4.2011 was date fixed for nominations, 10.4.2011 was fixed for scrutiny of nominations, 11.4.2011 was fixed for withdrawal of nominations, 17.4.2011 was fixed for polling and 18.4.2011 was fixed for counting of votes. The petitioners claim to be residents of village Bagesoti and have purchased the nomination papers for contesting the election. The petitioners' case is that after obtaining necessary caste certificate and affidavit, they went to Block Chopan to submit their nomination papers. It is claimed that they reached at 3:45 p.m. However, the returning officer refused to accept the nomination papers saying that time was over. It is to be noted that time for filing nomination on 9.4.2011 was from 10 a.m. to 4 p.m. The petitioners have come up with the case that the notice of election gave very short time which was not reasonable. The petitioner's case further is that they came to know about last date of nomination as 9.4.2011 only in the late evening of 8.4.2011. The petitioners claim to have sent a representation on 11.4.2011 to the District Magistrate praying that their nominations be accepted and they be permitted to participate in the election. Copy of the representation dated 11.4.2011 has been filed as Annexure-7 to the writ petition. With the aforesaid pleadings, the petitioners filed this writ petition initially with the prayer to accept the nomination. The petitioners were subsequently permitted to amend the prayer. This Court entertained the writ petition and passed an interim order on 18.4.2011 to the effect that result of the election be declared but the same shall not be given effect to.;