Surya Prakash Kesarwani, J. - (1.) Heard Sri Prabhakar Awasthi, learned counsel for the petitioner, Sri Udayan Nandan, learned counsel for respondent no. 4 and Sri S.C. Yadav, learned Standing Counsel for respondent nos. 1,2 & 3. No one appeared on behalf of respondent nos. 5 to 12 who are proforma respondents. Facts of the Case
(2.) Briefly stated facts of the present case are that in the election for the post of village Pradhan of village Panchayat "Kasidahan", Block and Tehsil Gyanpur, District Bhadohi held in the year 2015, the petitioner, respondent no. 4 and some other persons filed their nominations. The petitioner was declared elected for the post of village Pradhan. The unsuccessful candidate namely the respondent no. 4 filed an Election Petition No. T 2016166704371 of 2016 under Section 12-C(1) of the U.P. Panchayat Raj Act, 1947 (hereinafter to be referred as the 'Act') before the Prescribed Authority (respondent no. 2) which was dismissed by order dated 30.08.2016 holding that during the pendency of recall application in Writ Petition No. 35946 of 2000 filed by the petitioner challenging the order dated 27.07.2000 for dues of Rs. 1,83,222.83 under Section 27 of the Act, it is not justified to hold the petitioner to be in arrears incurring disqualification under section 5-A(1)(e) of the Act and as such the election petition is not maintainable.
(3.) Aggrieved with this order, the respondent no. 4-election petitioner filed a revision under Section 12-C(6) of the Act in the court of District Judge, Bhadohi at Gyanpur being Revision No. 48 of 2016 which was allowed by the impugned order dated 11.11.2016. By the aforesaid impugned order, the order of the Prescribed Authority dated 30.08.2016 was set aside and the result of election dated 30.12.2015 for the post of Pradhan of village Panchayat Kasidahan, Tehsil Gyanpur, District Bhadohi was declared to be null and void and was cancelled.;