- (1.) RAJEEV Gupta, C. J. Mr. C. K. Sharma, Advocate for the appellant. Mr. U. P. S. Negi, Addl. Advocate General for respondents Nos. 1, 3, 4 and 5. Mr. Arvind Vashishth, Advocate for respondent No. 2 State Election Com mission of Uttaranchal. Mr. Lok Pal Singh, Advocate for re spondent No. 6. None for respondents Nos. 7 to 14. They are heard.
(2.) THIS judgment shall govern the disposal of Writ Petition No. 1242 of 2005 (M/s) also, which was withdrawn for hearing vide order dated 19-11 -2005. Appellant Pramod Kumar has filed this special appeal against the im pugned interim order dated 26- 10-2005 passed by learned Single Judge in Writ Petition No. 1242 of 2005 (M/s), whereby respondent No. 6 Anwar (writ petitioner) was permitted to function as Village Pradhan of Village Hakimpur Turra, Block Bhagwanpur, Tehsil Roorkee, District Haridwar in view of the certificate issued to him, which is contained in Annexure No. 1 of the writ petition. While admitting the special ap peal for hearing vide order dated 11-11-2005, the operation of the im pugned interim order dated 26-10-2005 was stayed and it was directed that until further orders from this Court, neither appellant Pramod Kumar nor sixth re spondent Anwar (writ petitioner) shall function as Pradhan of Village Hakimpurturra, District Haridwar. The above order was modified vide order dated 19-11-2005 and appellant Pramod Kumar was permitted to func tion as Pradhan of Village Panchayat Hakimpur Turra, District Haridwar un til further orders and subject to the fi nal decision in this special appeal.
(3.) SIXTH respondent Anwar (writ petitioner) filed the writ petition for the following reliefs: "a) Issue a writ, order or direction in the nature of mandamus com manding the Respondent No. 1 to 5 to give the charge of Village Pradhan of Village Hakimpur Turra, Block Bhagwanpur, Tehsil Roorkee, District Haridwar to the present Petitioner as he was de clared the Village Pradhan under rule 109 of the "uttar-Pradesh Panchayat Raj (Election of mem bers, Pradhans and Uppradhans) Rules 1994. b) Issue a writ, order or direction in the nature of mandamus com manding/directing Respondent No. 1 to 5 not to give the charge of Village Pradhan of Village Hakimpur Turra, Block Bhagwanpur, Tehsil Roorkee, District Haridwar to Respondent No. 6. c) Issue any other writ, order or di rection which this Hon'ble Court may deem fit and proper in the circumstances of the case, be passed in favour of the peti tioner. " The dispute relates to the elec tion of Village Pradhan of Village Hakimpur Turra, Block Bhagwanpur, Tehsil Roorkee, District Haridwar.;