DEORAJ PURI Vs. STATE OF U.P. AND OTHER
LAWS(ALL)-1992-10-67
HIGH COURT OF ALLAHABAD
Decided on October 28,1992

Deoraj Puri Appellant
VERSUS
State of U.P. And Other Respondents

JUDGEMENT

Palok Basu, J. - (1.) This writ petition has been filed by Deoraj Puri which contained the following prayers : (a) Issue a writ of certiorari quashing the notice dated 8-11-1990 (Annexure-V). (b) Issue a writ of mandamus directing the respondent to hold a fresh election of the Gaon Sabha Garakul Palock Shorathgarh, District Siddharthnagar. (c) Issue any other order, writ of direction which this Hon'ble Court may deem fit and proper. Annexure-V may be rightly quoted here in order to understand the entire questions raised through this writ petition. (Translated into English by Court). Shorathgarh 8-11-1990 Shri Athahullah. Gram Panchayat Adhikari (Garakul) Shorathgarh (Siddharthnagar) Message : You are hereby directed to see that the charge of Office of Pradhan be taken from Deoraj Puri, Up-Pradhan and be handed over to the newly elected Pradhan Shri Molhu and the copy of the charge-list be sent to the office forthwith. (Atma Prasad Tripathi) Khand Vikas Adhikari Letter No. 904 (IV)/dated as above. Shorathgarh (Siddharthnagar).
(2.) It is apparent, therefore, that the petitioner, Deoraj Puri was the Up-Pradhan when election for the Gaon Sabha Garakul was held. He was perhaps working as the Pradhan. The Annexures indicate that Shri Molhu was the newly elected Pradhan.
(3.) The controversy sought to be raised by this writ petition is that the Scheduled date for the election v.as 16-10-1990 when some radio-grams was sent around 7.20 a.m. and some news-items were also published in the news papers indicating that the elections to the Offices of Pradhans of various Gaon Sabha were postponed. Photo-state copies of some news .papers reports have been filed as Annexure-1 to this writ petition. The petitioner was himself a candidate for the Office of Pradhan of that Gaon Sabha for which there were near about 14 candidates. The list of the candidates has been filed as Annexure-2 to this writ petition. It has been said that two of the 14 candidates viz. Ali Ahmed and Salim were not present at the polling booth and that 50 per cent voters precluded from participating in the election said to have been held on 16-10-1990 on account of the news of suspension of the election (see Para 11 of the writ petition);


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