R.A. Sharma, J. - (1.) IN these petitions the following questions are Involved, which are required to be decided by us: (i) Whether the State Election Commissioner, the District Magistrate or the Election Officer has power to cancel the poll held for electing a Pradhan and direct for fresh poll after a candidate has been declared elected as Pradhan under U.P. Panchayat Raj Act and the Rules framed thereunder (ii) Whether the State Election Commissioner, the District Magistrate or the Election Officer has power to cancel the declaration, declaring a candidate as duly elected Pradhan and direct for recounting and (iii) Whether the writ petition challenging such cancellations and directions for repoll/recounting is barred by Article 243O of the Constitution of India in Writ Petition No. 10105 of 1995, the Petitioner and nine other women candidates filed nominations for the election to the office of Pradhan of Gram Panchayat, Umaria, District Hamirpur, which was reserved for women belonging to backward class. The nominations of four candidates were rejected while five women candidates withdrew their candidature, with the result that the Petitioner was the only candidate, who remained in the field. She was accordingly declared elected unopposed as Pradhan of the said village by the Assistant Returning Officer. It appears that on the recommendation of the District Election Officer/District Magistrate, Hamirpur, the State Election Commissioner, vide order dated 15.4.1995, cancelled the election of the Petitioner. Being aggrieved by it, the Petitioner has filed this writ petition. The District Panchayat Raj Officer has filed counter -affidavit. On behalf of the State Election Commissioner counter -affidavit has been filed by Sri T.N. Srivastava, Assistant Commissioner, State Election Commission, U.P.
(2.) IN Writ Petition No. 10105 of 1995, the petitioner and nine other women candidates filed nominations for the election to the office of Pradhan of Gram Panchayat, Umaria, District Hamirpur, which was reserved for women belonging to backward class. The nominations of four candidates were rejected while five women candidates withdrew their candidature, with the result that the petitioner was the only candidate, who remained in the field. She was accordingly declared elected unopposed as Pradhan of the said village by the Assistant Returning Officer. It appears that on the recommendation of the District Election Officer/District Magistrate, Hamirpur, the State Election Commissioner, vide order dated 15.4.1995, cancelled the election of the petitioner. Being aggrieved by it, the petitioner has filed this writ petition. The District Panchayat Raj Officer has filed counter -affidavit. On behalf of the State Election Commissioner counter -affidavit has been filed by Sri T.N. Srivastava, Assistant Commissioner, State Election Commission, U.P. In Writ Petition No. 11088 of 1995, the Petitioner alongwith some other persons filed nominations for election to the office of Pradhan of Gram Panchayat, Sarwar, Kakarghatti, Ballia, which was reserved for backward class of citizen. Nominations of all the candidates, except the Petitioner, were rejected. The Petitioner was accordingly declared elected unopposed as Pradhan of the said Panchayat vide order dated 30.3.1995. On the basis of the complaint, the Election Officer, vide order dated 6.4.1995, has cancelled the declaration of the result of the election in which Petitioner wais declared as elected. Being aggrieved by the above order, the Petitioner has filed this writ petition. Sri Suresh Dhar had applied for impleadment in this writ petition through Sri B.N. Tiwari, Advocate and he has been Impleaded. He has also filed counter -affidavit. Petitioner has filed rejoinder affidavit in reply thereto. No counter -affidavit has been filed on behalf of the State lnspite of the fact that time was granted for that purpose.
(3.) WE have heard learned Counsel for the Petitioners and learned standing counsel as well as learned Counsel for the intervener.;