Ran Vijai Singh, J. - (1.) Heard Sri Ashwani Kumar Mishra, learned counsel for the petitioner, Sri Siddharth Singh, learned Additional Chief Standing Counsel appearing for the State-respondents and Sri Mohit Kumar Shukla, learned counsel holding brief of Sri Tarun Agrawal, learned counsel for the State Election Commission.
(2.) This writ petition has been filed with the following prayers: 1. issue a writ, order or direction in the nature of quo warrant thereby asking respondents as under what authority of law he is occupying the post of Pradhan in spite of being disqualified for being chosen as Pradhan under section 5A(C) of the U.P. Panchayat Raj Act. 2. issue a writ, order or direction in the nature of mandamus declaring the result dated 13.12.2015 of Election of Pradhan so far it relates to respondent no. 4 to be null and void being disqualified for contesting the election of Pradhan. 3. to issue a writ, order or direction in the nature of mandamus directing the authority concerned to declare the petitioner to be elected Pradhan being at serial No. 2 in the result of election dated 13.12.2015 Pradhan of Gram Panchayat Shuklapuri Nyay Panchayat Mahuapadi, Block Barahalganj, District Gorakhpur.
(3.) It appears, the petitioner contested the election of Gram Pradhan of Gram Panchayat Shuklapuri Nyay Panchayat Mahuapadi, Block Barahalganj, District Gorakhpur and after being defeated, he has filed the present writ petition seeking a writ of quo warranto on the ground that the person, who has been elected as Gram Pradhan, is Principal of school Bathwal Sanskrit Mahavidyalaya, therefore, he is disqualified to become a Pradhan in view of section 5A(c) of the U.P. Panchayat Raj Act, 1947 (in short, 'the Act').;