- (1.) This writ petition is directed against the order of the State Election Commissioner, U.P. at Lucknow dated 19.1.2013 by which he has countermanded the elections of Chairman, Zila Panchayat, Varanasi on the seat, which has fallen vacant on the no confidence motion passed against the then Chairman, Zila Panchayat, Varanasi on 28.6.2012; and its communication by the District Magistrate, Varanasi dated 20.1.2013.
(2.) The pleadings have been exchanged. With the consent of the parties, the writ petition was heard on the following questions of law:- "(i) Whether the State Election Commission in exercise of its powers of superintendence over the elections on the post of Chairman of Zila Panchayat under Art.243K of the Constitution of India can direct to countermand the elections on any grounds other than the ground of the death of a candidate under Rule 15 of the U.P. Panchayat Election of Adhyaksh and Upadhyaksh and Settlement of Election Dispute Rules, 1994, made under the U.P. Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961? (ii) Whether the State Election Commission, U.P. can countermand the elections after the date of scrutiny and withdrawal of the nominations, before the date of polling on the reports submitted by the district administration that majority of the members of the Zila Panchayat are not available at their residence and cannot be contacted, with the apprehension that they have been taken away by one of the contestants, who is involved in large number of criminal cases and who has with his influential in the area created an atmosphere of fear, causing apprehension of vitiating the peaceful atmosphere to hold free and fair elections? (iii) Whether the State Election Commission, U.P. failed in exercise of its powers, in making request to the Governor of Uttar Pradesh in requisitioning adequate security to ensure free and fair elections? (iv) Whether in the facts and circumstances of the case, the State Election Commissioner abdicated his authority and independence in countermanding the elections on the post of Chairman, Zila Panchayat, Varanasi by accepting the report of the State Government, that on account of the influence of one of the contestants, and the apprehensions of majority of members being waylaid or abducted by one of the contestants, to serve the political interests of the ruling party in the State?
(3.) We have heard Shri Kesari Nath Tripathi, Senior Advocate assisted by Shri Sudist appearing for the petitioner. Shri C.B. Yadav, learned Additional Advocate General appears for the State respondents. Shri M.D. Singh 'Shekhar', Senior Advocate assisted by Shri Satyendra Kumar Singh appears for the State Election Commission-respondent no.3. Shri Amulya Ratan Srivastava appears for respondent no.5-Smt. Kanti.;