JUDGEMENT
Satish Chandra, J. -
(1.) The Appellant was in January 1961 elected as the Pradhan of Gaon Sabha, Sednagar. Upon an election petition, the Appellant's election was, however, set aside by the Tribunal in August, 1961. One Bhagwati Saran was declared elected Pradhan of that Gaon Sabha in place of the Appellant. The Appellant filed a writ petition which was dismissed. He then filed a special appeal. He succeeded in the special appeal. It was allowed on 11 -9 -1962. The Tribunal's order was quashed with the result that the Appellant was declared to have been validly elected as Pradhan.
(2.) During the pendency of these proceedings the Appellant was in April 1962 elected a member of Kshettra Samiti, Dakor Under Sec. 6(1)(iii) of the Kshettra Samitis and Zila Parishad Adhiniyam. Under this clause elected representatives of the Cooperative Societies become members of the Kshettra Samiti. On 8 -7 -1962 the Petitioner was elected Junior Up Pramukh of Kshettra Samiti, Dakor.
(3.) On 18 -12 -1962 the Government informed the Mukhya Adhikari Antarim Zila Parishad, Jalaun that in view of Sec. 7(2) of U.P. Kshettra Samiti and Zila Parishad Adhiniyam, 1961, the Appellant has ceased to be Pradhan of the Gaon Sabha, on his election as Up Pramukh of Kshettra Samiti. Feeling aggrieved the Appellant instituted a writ petition in this Court challenging the Government's view point. The learned Single Judge upheld the view taken by the Government and dismissed the writ petition; hence this appeal. Sec. 6 of the Act provides -
A Kshettra Samiti shall have as its members -
(i) All Pradhans of constituent Gaon Sabha;
(ii)... ... ... ...
(iii) so many representatives...of such cooperative societies or groups thereof....;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.