- (1.) SUNIL Ambwani, J. Heard Shri Ashok Khare, learned Senior Advocate assisted by Shri S. D. Shukla for petitioner and Shri Shashi Nandan, learned Senior Advocate assisted by Shri B. N. Mishra for contesting respondent. Learned standing Counsel appears for state respondents.
(2.) WITH the consent of parties, the writ petition was heard at the admission stage and is being finally decided. A notification was issued on 29-7-2005 for elections of Gram Panchayat Pura Pandey, Development Block Chaka, District Allahabad. Shri Bhagwat Prasad-respondent No. 4 was declared as elected having secured highest votes on 28-8-2005. The petitioner filed an election petition in September, 2005 on the ground that Shri Bhagwat Prasad was disqualified as he is an employee of Indian Telephone Industries Limited, Naini and holds office of profit as the Indian Telephone Industries Limited is wholly owned and controlled with 100% shares with the Central Government and as such disqualified under Section 5-A (c) of U. P. Panchayat Raj Act, 1947 to hold the office of the Pradhan. The Sub-Divisional Magistrate/election Tribunal Karchhana, Allahabad by his judgment dated 11-9-2006 held that respondent No. 4 holds office of profits and allowed the election petition declaring the petitioner as duly elected pradhan. The petitioner was administered oath of office on 15-9-2006 and his signatures were forwarded for operating bank accounts.
(3.) SHRI Bhagwat Prasad-respondent No. 4 filed a Revision No. 471 of 2006 in which the District Judge did not grant any interim order. The revision, however, was allowed on 24-2-2007 setting aside the order of Sub-Divisional Magistrate, Karchhana, Allahabad giving rise to this writ petition. The short question that arises for consideration in this case is whether Shri Bhagwat Prasad- respondent No. 4, who secured the highest number of votes was disqualified for being elected as Pradhan under Section 5-A (c) of U. P. Panchayat Raj Act, 1947, as at the time of his election, he was an employee of Indian Telephone Industries Ltd. , Naini, Allahabad which is a Government of India Undertakings with 100% shares held by the Central Government and was holding an office of profit in the Corporation owned and controlled by the Central Government.;