B.N.Misra - (1.) WITH the consent of counsel on both sides the writ petition is heard on merits.
(2.) THE petitioner and respondent no. 4 were two of the contestants, who had participated in the elections for the office of 'Pradhan' of Bamhori Gaon Sabha in the year 1982. THE petitioner was declared elected at the said election. THEreafter respondent no. 4 challenged the election of the petitioner under section 12-C of the U. P. Panchayat Raj Act, 1947 (hereinafter referred to as the Act) before the Prescribed Authority/Sub-Divisional Officer Mauranipur, Jhansi. THE case was registered as petition no. 1 of 1982 and while it was pending disposal before the Sub-Divisional Officer, Mauranipur, the District Magistrate Jhansi, passed an order dated 24-2-1986 transferring the case to the court of the Sub-Divisional Officer, Jhansi. THE case was registered as petition no. 1 of 1986, and by his order dated 10-1-1986, the Sub-Divisional Officer, Jhansi, set aside the election of the petitioner. THEreafter the petitioner challenged the order dated 10-1-1986 passed by the Sub-Divisional Officer, Jhansi. In civil revision no. 31 of 1986, the First Additional District and Sessions Judge, Jhansi, dismissed the revision filed by the petitioner by his order dated 8-4-1987. THE petitioner then filed the present writ petition. It is not disputed between the parties that the Sub-Divisional Officer, Mauranipur, is the officer within whose jurisdiction the Gaon Sabba lies. Ordinarily the Sub-Divisional Officer of Mauranipur would have disposed of the election petition but for the order dated 24-2-1986 by the District Magistrate, Jhansi, whereby the election petition was transferred to the Sub-Divisional Officer, Jhansi for disposal. In this context it is necessary to refer to rule 25 of the U. P. Panchayat Raj Rules, 1947. Initially, under proviso (vi) to sub-rule (1) of rule 25, the District Magistrate had the power to transfer an election petition for hearing to a Sub-Divisional Officer other than one who had jurisdiction in respect of the Gaon Sabha by virtue of sub-rule (1) of rule 24. By notification dated 9-1- 1961 proviso (vi) to sub-rule (1) of rule 25 was deleted and sub-rule (5) was added to rule 25 which empowered the District Magistrate to withdraw an election petition and dispose it of himself or to transfer the said petition to any Assistant Collector of First Class in the district or to send it back to the officer from whom it was withdrawn. It is important to note that by virtue of notification published in the Gazette on 8-9-1962, sub-rule (5) was deleted. Therefore, with effect from 8-9-1962 under tie Panchayat Raj Rules, the District Magistrate ceased to have the power to withdraw an election petition or to transfer it. Accordingly, it follows that in the present case the order of the District Magistrate dated 24-2-1986 transferring the election petition from the court of the Sub-Divisional Officer, Mauranipur, who had the jurisdiction to try and dispose of the case under sub-rule (1) of rule 24, to the court of the Sub- Divisional Officer, Jhansi was clearly without jurisdiction. Consequently it must follow that the order of the Sub-Divisional Officer, Jhansi, declaring the petitioner's election as invalid and the order of the learned Additional District Judge dismissing the revivision filed by the petitioner against the order of the Sub-Divisional Officer, Jhansi, are both illegal and without jurisdiction. For the reasons stated above the order dated 10-1-1986 passed by the Sub-Divisional Officer, Jhansi in petition no. 1 of 1985-86 and the order dated 8-4-1987 passed by the First Additional District and Sessions Judge, Jhansi, in civil revision no. 318 of 1986 are both set aside. The election petition is remitted to the court of the Sub-Divisional Officer, Mauranipur, who is directed 'to proceed with the case from the stage at which the said case was at the time when it was transferred to the court of the Sub-Divisional Officer, Jhansi, hear both the parties and dispose of the case in accordance with law latest by 31-10-1987. Parties are directed to appear before the Sub-Divisional Officer, Mauranipur on 14-9-1987 to receive the directions of the said court for further hearing of the election petition. Counsel for the parties have been informed of this order in Court. All interim orders stand vacated. The writ petition is accordingly disposed of with no order as to costs.
(3.) CERTIFIED copies of this order may be made available to the learned counsel for the parties on payment of usual charges within 3 days.;