M. Katju, J. - (1.) The petitioner was elected as Pradhan of Gram Panchayat, Garhwar and also for the post of member, Zila Pariehad, Ballia Ward No. 33.
(2.) By an amendment to Section 11-E of the U. P. Panchayat Raj Act it has been provided that such a person could not occupy both the posts, and if he does not give any option the lower post would be deemed to have become vacant.
(3.) The petitioner has received a notice dated 1-7-1995 from District Magistrate, Ballia asking him to vacate one of the two posts within 60 days of declaration of the election result. This notice has been challenged in the present writ petition.;