R.K.RASTOGI, J. - (1.) THESE four writ petitions are challenging the order passed by the respondents cancelling the elections for Block Pramukh as well as for the members of Block Development Committee and Zila Panchayat after declaration of results. The chart below contains the following details : The post for which the election was held; The date on which the result was declared; and The date on which it was cancelled. @ Table ------------------------------ SI. WP No. Election for the post Date of declaration Date of cancellation 1. 70487 of 2005 Member Block Development Committee 26.10.2005 31.10.2005 2. 3. 977 of 2006 14647 of 2006 Member Zila Panchayat Block Pramukh 27.10.2005 27.2.2006 6.1.2006 8.3.2006 4. 16426 of 2006 Block Pramukh 27.2.2006 17.3.2006
(2.) WE have heard Sri Surya Pratap Yadav, Sri Madhur Prakash, Sri Navin Sinha, Sri N.K. Pandey; Sri Sudha Pandey, Sri Umesh Narain Sharma, Senior Advocates for the petitioners and Standing Counsel, Sri P.N. Rai, and Sri W.H. Khan for the respondents. In these four writ petitions the result of the election was declared on the date mentioned in the chart. Subsequently, the Election Commission for one reason for the other has cancelled the election and has ordered for fresh election. Six different Division Benches of our Court in Kanti v. District Magistrate, (1999) 2 UPLBEC 771; Shyam Shakhi v. State Election Commission, (2000) 3 UPLBEC 2097; Shambhoo Singh v. State Election Commission, (2000) 4 AWC 2777; Sunita Patel v. State of U.P. and others, 2005 ADJ 595 (DB); WP 67170 of 2005; Smt. Gulabi v. State Election Commission, decided on 10.11.2005 by Hon'ble Sushil Harkuali, J. and Hon'ble Shiv Shanker, J. and WP No. 266 of 2006, Smt. Kamlesh v. Mukhya Nirvachan Ayukt and others, decided on 30.3.2006 by Hon'ble B.S. Chuahan, J. and Hon'ble Dilip Gupta, J. have held that: When the result of the election has been declared, it cannot be cancelled by the Election Commission; and The proper way to challenge the election is by means of election petition. These rulings apply with full force to the facts of the present cases.
(3.) THE Counsel for the respondents brought to our notice Rule 28 of UP Zila Panchayat (Election of Pramukhs and Up-Pramukhs and Settlement of Election Disputes) Rules, 1994 and submitted that the returning officer shall declare the result forthwith only in the absence of any direction to the contrary issued by the State Election Commission and not otherwise. It is not disputed that Election Commission has not cancelled the elections on the ground that any specific direction of the Election Commission was not followed-by the Returning Officer. In view of this, it is not necessary to go into this issue. In any case the result has been declared. It concludes the issue of consideration of any direction issued by the State Election commission.;