B. Amit Sthalekar, J. - (1.) HEARD Shri J.P. Pandey, learned counsel for the petitioner and Shri Ajay Bhanot, learned counsel appearing for the respondent No. 5. Learned standing counsel who has accepted notices on behalf of respondents No. 1,2 and 3 submits that the dispute is entirely between the petitioner and the respondent No. 5 and that he adopts the submissions made on behalf of the respondent No. 5 in support of the impugned order.
(2.) IN this writ petition, the petitioner is seeking quashing of the order dated 1.9.2014 passed by the District Magistrate, Shahjahanpur whereby Arab Singh -respondent No. 5 has been entrusted and handed over the duties of Pradhan of Gram Panchayat, Bhunni Khera, Block Kalan, Tehsil Jalalabad, District Shahjahanpur and further for a direction to the respondent No. 2 -District Magistrate, Shahjahanpur that since the election of Naresh Chandra has been set aside, a meeting of the elected members of Gram Panchayat, Bhunni Khera, Block Kalan, Tehsil Jalalabad, District Shahjahanpur be convened to ascertain the wishes of the elected members of the Gram Panchayat for nomination of officiating Pradhan. Briefly stated the facts of the case are that the election for the post of Gram Pradhan, Gram Panchayat, Bhunni Khera, Block Kalan, Tehsil Jalalabad, District Shahjahanpur was held in 2010. Naresh Chandra, Arab Singh -respondent No. 5 and the petitioner Kamlesh Kumar contested the election. Naresh Chandra was declared elected and Arab Singh was placed at sl. No. 3. Arab Singh filed an election petition under section 12 -C of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the Act, 1947 only) questioning the election of Naresh Chandra. The election petition No. 9/10 -11 filed by Arab Singh was allowed by the Election Tribunal by order dated 5.12.2013 and the election of Naresh Chandra for the post of Gram Pradhan was declared null and void and it was further directed that the applicant, namely, Arab Singh -respondent No. 5 was entitled to be declared elected on the post of Gram Pradhan.
(3.) AGGRIEVED by the order of the Tribunal, Naresh Chandra filed Revision No. 1/2013 before the District Judge, Shahjahanpur who dismissed the revision by order dated 11.7.2014. The grievance of the petitioner, however, is that by the impugned order dated 1.9.2014 the District Magistrate, Shahjahanpur has handed over and entrusted the duties and function of the office of Gram Pradhan of Gram Panchayat, Bhunni Khera, Block Kalan, Tehsil Jalalabad, District Shahjahanpur to the said Arab Singh -respondent No. 5.;