- (1.) HEARD Sri Alok Kumar, for the petitioner and Dr. L.P. Mishra and Sri Umesh Kumar Shukla for respondent -6.
(2.) THIS writ petition has been filed against the order of Additional District Judge dated 06.08.2014, allowing the revision and setting aside the order of Prescribed Authority dated 02.07.2014, allowing Election Petition No. 1/1/2/10/3.
(3.) THE petitioner filed an election petition (registered as Election Petition No. 1/1/2/10/3) under Section 12 -C of U.P. Panchayat Raj Act, 1947, challenging the election of Mangal Prasad Shukla (respondent -6) as Pradhan of Gram Panchayat Akraura, block Payagpur, district Bahraich, declared on 28.10.2010. It has been stated in the election petition that election for member and Pradhan of Gram Panchayat Akraura, block Payagpur, district Bahraich was notified in October, 2010. The petitioner filed his nomination on 04.10.2010 for the post of Pradhan. Mangal Prasad Shukla (respondent -6) also filed his nomination for the post of Pradhan. Scrutiny of nomination papers were done during 07.10.2010 to 10.10.2010. The petitioner raised an objection on 07.10.2010 against nomination of Mangal Prasad Shukla (respondent -6) and one Jagdish Prasad Pandey, on the ground that these persons were men of criminal background and convicted in criminal cases and were not eligible to contest the election of Pradhan. Against Mangal Prasad Shukla (respondent -6), it has been stated that he was convicted by Special Judge Bahraich in S.T. No. 21 of 1985, by order dated 04.11.1985 but he had deliberately not disclosed about it, in Appendix -I attached to his nomination papers. Returning Officer, however did not reject the nomination of Mangal Prasad Shukla (respondent -6). It is alleged that the petitioner also made a complaint in this respect to District Magistrate on 09.10.2010 but nothing was done. Poling was held on 25.10.2010. Thereafter counting was done on 28.10.2010, in which Mangal Prasad Shukla (respondent -6) was declared as elected, as Pradhan of Gram Panchayat Akraura, block Payagpur, district Bahraich. Allegation relating to corrupt practice during voting and unfair counting were also made in the election petition. But later on, the petitioner confined arguments in the election petition only on the ground that Mangal Prasad Shukla (respondent -6) had illegally not disclosed in Appendix -I attached to his nomination papers, about the fact relating to his conviction by Special Judge Bahraich in S.T. No. 21 of 1985 by order dated 04.11.1985 and his nomination papers had been illegally accepted. Mangal Prasad Shukla (respondent -6) contested the election petition on the ground that he was already acquitted by High Court in Criminal Appeal No. 777 of 1985 by judgment dated 23.01.2001 and conviction and sentence of Special Judge Bahraich in S.T. No. 21 of 1985 dated 04.11.1985 was set aside. At the time of filing of nomination this fact was not relevant. At the time of scrutiny of nomination, objection raised by the petitioner was not found to have substance as respondent -6 had already been acquitted and was not disqualified. Therefore, nomination of respondent -6 was accepted, rejecting the objection of the petitioner. All the unsuccessful candidates were not impleaded in the election petition as such election petition was liable to be dismissed for non -joinder of necessary parties. Prescribed Authority after hearing the arguments for the parties by judgment dated 02.07.2014 held that there was no defect of non -joinder of necessary parties. Mangala Prasad Shukla (respondent -6) deliberately had not disclosed about his conviction by Special Judge Bahraich in S.T. No. 21 of 1985 by order dated 04.11.1985, in Appendix -I attached to his nomination papers. His nomination has been illegally accepted by Returning Officer. On these findings election petition was allowed by judgment dated 02.07.2014 and election of Mangala Prasad Shukla (respondent -6) as Pradhan was declared as null and void. Mangala Prasad Shukla (respondent -6) filed a revision (registered as Civil Revision No. 51 of 2014) against the aforesaid order. The revision was heard by Additional District Judge, Court No. 1, Bahraich, who by his judgment dated 06.08.2014 held that conviction and sentence of Mangala Prasad Shukla (respondent -6) by Special Judge Bahraich in S.T. No. 21 of 1985 by order dated 04.11.1985, was set aside by High Court in Criminal Appeal No. 777 of 1985 by judgment dated 23.01.2001. Nomination papers was filed on 07.10.2010. He was fully eligible to contest the election of Pradhan as such it cannot be said that his nomination was illegally accepted. The petitioner could not adduce any evidence to show that due to acceptance of nomination of Mangala Prasad Shukla, result of his election was materially affected. On these findings the revision was allowed and order of Prescribed Authority dated 02.07.2014 was set aside. Hence, this writ petition has been filed.;