- (1.) THE Petitioner challenges an order of the SDO, Sadar, distt. Shahjahanpur, dt. 15 -6 -1973, holding that he had jurisdiction to hear and decide the election petition filed against the Petitioner Under Section 12 -C of the U.P. Panchayat Raj Act.
(2.) THE Petitioner was elected Pradhan of the Gaon Sabha. His election was challenged by means of a petition Under Section 12 -C of the Act. The election petition was presented to Mr. M.L. Kulshreshtha who was at the relevant time functioning as SDO, Tilhar. One of the points raised by the Petitioner was that Sri Kulshreshtha was not appointed SDO, Tilhar, by the Collector and as such he was not entitled to function as SDO. It was further urged that the DM Sri Bhagwan Din had gone on leave for a month and one Sri Bankey Lal Jatav, ADM, Shahjahanpur, officiated as DM and Collector in the leave vacancy and it was he who had appointed Sri Kulshreshtha as SDO, Tilhar, although he had no power to appoint a SDO. Hence Sri Kulshreshtha had no jurisdiction to entertain, hear or decide the election petition against the Petitioner. The SDO repelled the Petitioner's contention and held that the election petition was properly presented to Sri Kulshreshtha who had been legally appointed SDO, Tilhar. Aggrieved the Petitioner has filed the present petition Under Article 226 of the Constitution. Learned Counsel for the Petitioner, Sri S.N. Misra, has urged that an ADM officiating as DM and Collector was not invested with the powers of Collector to appoint a SDO Under Section 18 of the Land Revenue Act. According to the learned Counsel, an officiating DM cannot exercise the powers conferred on the DM under a statute. In support of his contention he has placed reliance on the cases of Ajaib Singh v. Gurbaohan Singh , AIR 1965 SC 1819 and Hari Chand Agarwal v. Batala Engineering Co. Ltd. : AIR 1969 SC 488. We have considered the contention and the aforesaid cases cited before us but we do not find any good reason to accept the Petitioner's contention.
(3.) UNDER the U.P. Panchayat Raj Act an election petition can be presented before the SDO of the area concerned Under Section 12 -C read with Rule 24 framed under the Act. Any person appointed as Collector under the U.P. Land Revenue Act can be empowered by the State Govt. to appoint an Asstt. Collector of the first Class as a SDO Under Sub -section (6) of Section 18 of the said Act. Sri Bhagwan Din who was the Collector of Shahjahanpur, had proceeded on one month's leave from 6th June to 6th July, 1972. The State Govt. issued a notification appointing Sri Ban -key Lal Jatav, the ADM, Shahjahanpur, to officiate as DM and Collector of Shahjahanpur. On 13 -6 -1972, Bankey Lal Jatav, the officiating Collector appointed M. L. Kulshreshtha as SDO of Tilhar in the leave vacancy of I.B. Khanduri, SDO, Tilhar, who had proceeded on leave. During the period when Khanduri was on leave the election petition in question was presented before Sri Kulshreshtha who was at that time acting as SDO, Tilhar. The question which falls for j determination is as to whether the appointment of Bankey Lal Jatav as officiating Collector and DM was valid. It is not disputed that the State Govt. is invested with powers to appoint DM Under Section 10 of the Code of criminal Procedure. Similarly, the Staff Govt. is fully empowered to appoint Col lector Under Section 14 of the Land Revenue Act. Under Section 18(1) of the Land Revenue Act to State Govt. is empowered to appoint any Asstt. Collector first class in charge of one or more Sub -Divisions of a District. That power can further be delegated to the Collector Under Sub -section (6) of Section 18 of the Act. It is not disputed in the present case that the State Govt. has delegated to the Collectors of all the districts of U.P. the power to appoint an Asstt. Collector as SDO. In these circumstances a Collector duly appointed by the State Govt. was full; competent to appoint any Asstt. Collector First Class as SDO of a sub -division., In the present case the notification issued by the State Govt. dt. 7 -6 -1972, in dicates that Sri Baukey Lal Jatav was appointed as Officiating Collector and as such he was competent to appoint Sri M.L. Kulshreshtha as SDO, Tilhar.;