Attau Rahman Masoodi, J. - (1.) To dispel the misgiving that democracy proceeds on the count of figures rather substance, election laws with the passage of time have recognised the rights of electorate to be informed of the credentials of the candidates who offer their candidatures for being elected as public representatives. As to whether non-disclosure of requisite information (criminal history) in the affidavit that was to accompany with the nomination form for election as Gram Pradhan would entail a consequence of disqualification in the eye of law is the precise question that has cropped up in the present writ petition filed under article 226 of the Constitution of India challenging the removal of Gram Pradhan and replacing him by a Committee for the discharge of functions of Gram Pradhan. FACTS :
(2.) Briefly stated facts of the case are that the election of Gram Panchayats in the State of Uttar Pradesh was notified by the State Election Commission in the year 2015 and the petitioner being an eligible candidate also filed his nomination on 20.11.2015 for the election of Gram Pradhan. In terms of the election notification issued by State Election Commission, a candidate was under an obligation to file an affidavit to disclose his past antecedents, the format of prescribed affidavit is extracted below: ...[VERNACULAR TEXT OMITTED]... JUDGEMENT_120_LAWS(ALL)12_2016_1.html ...[VERNACULAR TEXT OMITTED]... JUDGEMENT_120_LAWS(ALL)12_2016_2.html ...[VERNACULAR TEXT OMITTED]... JUDGEMENT_120_LAWS(ALL)12_2016_3.html ...[VERNACULAR TEXT OMITTED]... JUDGEMENT_120_LAWS(ALL)12_2016_4.html ...[VERNACULAR TEXT OMITTED]... JUDGEMENT_120_LAWS(ALL)12_2016_5.html ...[VERNACULAR TEXT OMITTED]... JUDGEMENT_120_LAWS(ALL)12_2016_6.html ...[VERNACULAR TEXT OMITTED]... ...[VERNACULAR TEXT OMITTED]...
(3.) The petitioner while filling the affidavit marked 'x' against all the informations mentioned against items 1, 2 and 3 which related to his past and present criminal history. The filling up of the affidavit in the above form was not objected within the time schedule by any of the contesting candidates in writing and the nomination document being treated as valid entitled the petitioner to contest in the election wherein 518 votes were cast in his favour as against the runner candidate who obtained 498 votes. The petitioner was declared elected and the result was accordingly notified. Thereafter the petitioner on being administered oath took over as Gram Pradhan of Village Kochwa, Block Rupaideeh, District Gonda.;