D.P.Mohapatra, C.J. - (1.) The decision of those cases depends on interpretation of certain relevant provisions of the U. P. Kshettra Panchayats and Zila Panchayats Adhintyam, 1961 (hereinafter referred to as the Act) and its interaction with the relevant provisions of the U. P. Zila Panchayats (Election of Adhyaksha and Upadhyaksha and Settlement of Election Disputes) Rules, 1994 (hereinafter referred to as the Rules).
(2.) The controversy raised in these cases relates to the election of Adhyaksha of Gonda Zila Panchayat. The main contesting parties in the dispute are Smt. Geeta Singh, who has during the pendency of the cases, been declared elected as a Member of the Zila Panchayat, Gonda from Constituency No. 29, Rupai Deeh, District Gonda on 22.12.1996 and Smt. Seema Pandey, who contested the election of Adhyaksha of Zila Panchayat, Gonda, result of which is yet to be declared. The State Election Commission, Panchayat and Local Bodies U. P., through Election Commissioner, the District Election Officer (Panchayat)/District Magistrate, Gonda, the Electoral Registration Officer, Gonda/District Development Officer, Gonda, the Block Development Officer. Block Rupai Deeh, District Gonda, the Sub-Divisional Magistrate, Gonda/Returning Officer for Block Rupai Deeh, District Gonda, the State of U. P., through the Secretary, Panchayati Raj and Sri R. D. Sonkar. Election Commissioner of Panchayati Raj and Local Bodies are arrayed as opposite parties in most of the cases.
(3.) In pursuance of the decision of the State Government to hold elections of Gram Panchayats, Kshettra Panchayats and Zila Panchayats in Uttar Pradesh, the State Election Commissioner issued the notification dated 20.3.1995,by which the election process was to be completed by 18th April. 1995 in 57 districts including the district of Gonda. In pursuance of the said notification, the District Election Officer (Panchayat)/District Magistrate. Gonda issued the notification, dated 23.3.1995 for holding elections in district Gonda. In the said election, one Smt. Madhulika Misra was elected as a Member of the Zila Panchayat, Gonda on 19.4.1995 from Constituency No. 29 Rupai Deeh. Smt. Geeta Singh had not contested the election since by then her name had not been included in the electoral roll of Constituency No. 29 Rupai Deeh. Unfortunately Smt. Madhulika Misra, Member of Zila Panchayat Gonda from Constituency No. 29 Rupai Deeh, died on 18.7.1995, which gave rise to a vacancy. The Election Commissioner by the notification dated 24.8.1995 notified the election programme for the vacancies caused due to death or resignation of a person or otherwise. According to the said notification, the election of Member of Zila Panchayat, Gonda from Rupai Deeh Constituency was to be completed by 15.9.1995. In pursuance of the said notification, the District Election Officer (Panchayat)/District Magistrate, Gonda issued the notification dated 26.8.1995. In pursuance of the notification dated 26.8.1995, Smt. Geeta Singh filed her nomination paper on 4.9.1995 since her name had, in the meanwhile, been included in the electoral roll by the Block Development Officer, Block Rupai Deeh/Assistant Electoral Registration Officer, Rupai Deeh. District Gonda on 19.8.1995 under the directions of the Electoral Registration Officer, Gonda/District Development Officer, Gonda dated 15.5.1995/9.8.1995. After scrutiny and withdrawal of nomination papers, 9 candidates, including Smt. Geeta Singh, were left in the fray.;