Palok Basu, J. - (1.) THIS writ petition has been filed by Mohammad Shamim challenging the order of the Second Additional District Judge, Ghazipur, dated 18-1-1992, passed under sub-section (6) read with sub-section (7) of Section 12-C of the Panchyat Raj Act (hereinafter referred to as the Act).
(2.) SRI Gajendra Pratap, learned counsel for the petitioner, SRI T. P. Singh, learned counsel for the answering opposite party and SRI Kamlesh Narain Pandey, learned Standing Counsel have been heard at length. When this petition was filed in this Court on 21-5-1992 the parties were directed to file an affidavit and this writ petition is being disposed of at the admission stage under the Rules of the Court. The short facts relevant for the present case are as under : The petitioner Mohd. Shamim and opposite party no. 5 Akshaibar primarily happened to be the main contestants for the office of the Pradhan of Gaon Sabha Wajidpur in district (Ghazipur for which nomination papers were filed on 23-6-1988. The scrutiny of the nomination papers was done on 26-6-1988 and the nomination papers of the petitioner as well as the opposite party no 5 and some others were found In order and consequently they fought the election held on 5-7-1988. After counting, in the results declared on 7-7-1988, the opposite party no. 5 was declared elected by overwhelming majority. Mohammad Shamim filed an Election Petition on 14-7-88 before the Prescribed Authority which was dismissed on 18-5-89. But this order was challenged by petitioner Mohd. Shamim, for he was not declared elected, by Akshaibar (opposite party no. 3) because his election was set aside and by a third candidate Ramayan Ram as he was declared unsuccessful. These there Revisions were connected and after hearing the petitioner and opposite party no. 5 as well as the third candidate Ramayan Ram alias Ram Narayan, the petition was remanded by the Second Additional District Judge, Ghazipur (in Panchayat Revisions No. 107, 121 and 122 of 1989) on 2-9-1989. The operative portion of the said remand order translated into English would read as under : "This revision is allowed. The order of the Prescribed Authority Saidpur dated 18-5-89 is set aside and the election petition is remanded to the Prescribed Authority with the direction that he will decide the same afresh in accordance with the provisions contained in the Panchayat Raj Act and keeping in view the observations made above. The parties will bear their own costs. The parties will appear before the Prescribed Authority on 25-9-1989 who will pass further orders after their appearance."
(3.) AFTER this matter had gone before the Prescribed Authority, he allowed the Election Petition on 16-7-1991 holding that the opposite party no. 5 was in arrears beyond one year and so was the case of the other candidate Ramayan. Consequently he held that their nomination papers were wrongly accepted which ought to have been rejected and, therefore, the election of the opposite party no. 5 Akshaibar, declared on 22-6-1988 as the successful candidate in the elections of the Pradhan of the Gaon Sabha Wajidpur, was set aside and since the petitioner Mohd. Shamim was then the only surviving candidate who fought the election the petitioner Mohd. Shamim was declared having been duly elected as the Pradhan in the said election. Against the judgment and order dated 16-7-1991, the opposite party no. 5 filed proceedings as contemplated under sub-section (6) of Section 12-C which came up for decision before the Second Additional Sessions Judge, Ghazipur (hereinafter referred to as Revisional Court) as Civil Revision No. 119 of 1991 decided by him on 18-1-92. By the said order the Revisional Court, Ghazipur, held that in the aforesaid order, the reasoning and the finding recorded fry the Prescribed Authority were beyond the evidence on record, contrary to law as also contrary to the factual position existing on the date of filing of the nomination papers. Consequently, he allowed the Revision,, set aside the order of the Prescribed Authority dated 16-7-1991 and upheld the declaration of result of the opposite party no. 5 Akshaibar. Aggrieved by this order, Mond. Shamim has filed the present writ petition.;