RAKESH KUMAR S/O ALTE CHET RAM Vs. STATE OF U P
LAWS(ALL)-2008-12-186
HIGH COURT OF ALLAHABAD
Decided on December 08,2008

RAKESH KUMAR S/O ALTE CHET RAM Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the petitioner, learned Standing Counsel for the opposite parties no. 1 and 2 and Sri R. N. Gupta, learned counsel appearing for the opposite party no. 3. Notice need not be issued to the opposite party no. 4 in view of the order which is proposed to be passed. The petitioner's case is that the petitioner applied for being appointed as Panchayat Mitra in village Mahrauli, Block Ikauna, District Shrawasti. The name of the petitioner was recommended by the opposite party no. 3 for being appointed as Panchayat Mitra to the opposite party no. 2 for his approval. However, on the basis of complaint filed by the opposite party no. 4 the petitioner's candidature was cancelled on the ground that the certificate submitted by him contains different date of birth of the petitioner and in place of the petitioner, the opposite party no. 4 has been appointed as Panchayat Mitra by the opposite party no. 2. It has been submitted by the learned counsel for the petitioner that the opposite party no. 2 has cancelled the petitioner's candidature without issuing him any notice or affording any opportunity of hearing. Learned Standing Counsel for the opposite parties has submitted that the petitioner has an alternative remedy preferring a representation before the opposite party no. 2 ventilating his grievance. In view of the aforesaid, the writ petition is disposed of finally with a direction to the petitioner to file a detailed representation before the opposite party no. 2 challenging the cancellation of his candidature to the post of Panchayat Mitra as well as selection and appointment of the opposite party no. 4 as Panchayat Mitra alongwith certified copy of this order within two weeks from today and in case any such representation is filed by the petitioner, the same shall be considered and decided by the opposite party no. 2 strictly in accordance with law by a speaking and reasoned order as expeditiously as possible preferably within a further period of one month after affording opportunity of hearing to the opposite party no. 4. .;


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