- (1.) The amendment of the pleadings, as permitted by the Court on 20.11.2015, in the order passed on C.M. Application No. 383469 of 2015, has not been carried out yet. However, having regard to the circumstances where, after having heard the learned counsel for the parties and having perused the material placed on record, we find that this petition is not to be proceeded further, the necessity of formally carrying out the amendment in the main petition is dispensed with and the proposed amendment as stated in the application is also taken into consideration.
(2.) The reliefs claimed in this petition, as originally filed and as amended, would read as under:- "(i) Issue a writ, order or direction in the nature of Mandamus directing the Respondent- Authorities to issue a fresh list of candidates according to the Rules and Regulations considering the candidature of back-ward class candidates; (i) (a) Issue, Writ, Order or Direction in the nature of certiorari setting a side final list of reservation for the post of Gram Pradhan,2015 with respect to village Gaunariyan Raja Tehsil/District Maharajganj. (ii) Issue a writ, order or direction in the nature of Mandamus directing the authority to decide the application dated 1.10.2015 given to the authorities by the petitioner; (iii) Issue a writ order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (iv) Award the cost of the writ petition to the petitioner."
(3.) This petition was preferred on 27.10.2015 by the petitioner, said to be a resident of Village Gonariya Raja, Maharajganj. Essentially, the submissions of the petitioner in this writ petition are that in the elections to the Panchayats, the seats were not reserved/declared in accordance with law. The petitioner contends that the requirements of Section 11-A of U.P. Panchayat Raj Act, 1947 for reservation of the seat of Pradhan for different categories, including Scheduled Castes, Scheduled Tribes, Backward Classes and General, were not fulfilled; and ultimately, it is submitted that allocation of seat by the authorities in Block Mithaura, Village Gonariya Raja, District Maharajganj was totally arbitrary, unjust and unreasonable. The petitioner would also submit that he had indeed made a representation on 01.10.2015 for providing such reservation but the same was not taken into consideration.;