- (1.) SUNIL Ambwani, J. Heard Shri B. K. Shukla for the petitioner. Shri Kshitij Shailendra appears for the contesting respondent. Respondent Nos. 4 and 5 are represented by Shri Jai Bahadur Singh, Advocate. The affidavits have been exchanged. With the consent of parties, the matter was heard, and is finally decided.
(2.) SHRI Parashuram-the petitioner in Writ Petition No. 36637 of 2007, was declared elected as Member of the Block Development Committee, Ward No. 58 (Chhatargarh), Block Shankergarh, District Allahabad. There were only two can didates, namely the petitioner and respondent No. 3-Vinod Kumar in the fray. SHRI Vikas Chandra (brother of the petitioner) and SHRI Bharat, respondent Nos. 4 and 5 had withdrawn from the contest. Shri Vinod Kumar-respondent No. 3, filed an election petition under Sec tion 14 (2) of U. P. Kshetra Panchayat and Zila Panchayat Act, 1961 (U. P. Act of 1961) in the Court of District Judge, Allahabad. The written statement was filed on 5. 5. 2006. The election petition was transferred to the Court of Additional District Judge, Court No. 14, Allahabad. The tribunal framed five issues in which issue No. 1 related to disqualification of the petitioner namely; "whether on the allega tions in the plaint the election of opposite party No. 1 is liable to be declared as void?" The election tribunal, while deciding issue No. 1, found that the petitioner was given contract to collect 'tehbazari' in the years 1996-97 and 1997-98. The evidence produced by the plaintiff established that he was included and is still in the list of defaulters of the arrears to be paid to Kshettra Panchayat. The opposite party had to prove that after his name was included in the list, he has deposited the defaulted amount. He did not produce any evidence, which may prove that he is not a defaulter. The 'no dues certificate' produced at the time of nomination was not a ground to declare that he was not a defaulter, when he was still entered in the list of defaulters in the relevant documents and that for some amount the recovery certificate issued against him is still valid. The petitioner was thus a defaulter and was not eligible to contest the elections under Section 13-D of U. P. Act of 1961. The election of the petitioner was set aside on this ground on 30. 7. 2007, giving rise to this writ petition.
(3.) IN Writ Petition No. 47431 of 2007, Shri Vinod Kumar, the election peti tioner has made a prayer to quash, that part of the operative portion of the order dated 30. 7. 2007, passed by Election Tribunal/additional District Judge, Court No. 14, Allahabad, by which he had declared a vacancy (Aakasmik Rikti) in re spect of the Member of Block Development Committee of Ward No. 58, Chhatargarh, Block Shankargarh, District Allahabad, and has further prayed that the petitioner be declared as duly elected. The evidence adduced by the parties included a certificate (paper No. 36-Ga) dated 6. 2. 2006 issued by the Zila Panchayat, Allahabad to the effect that Shri Parashuram Shukla is entered as a defaulter of Rs. 63,000/-of 'tehbazari', on Form No. 29. This information was given to the election-petitioner under (The) Right to Information Act, 2005. The amount due is of the years 1996-97 and 1997-98. Paper 7-C was an objection filed on 5. 10. 2005 against the nomination of the petitioner Shri Parashuram before the election officer. Paper No. 45-C was the register of defaulters of Zila Panchayat Allahabad in which the default vide paper No. 7-C was entered. Apart from this, paper No. 45-C filed along with the affidavits of Shri Rakesh Kumar Varma, Law Munsarim, Zila Panchayat Allahabad also enclosed the certificate on Form-29 which certified the information dated 6. 2. 2006, to the effect that Shri Parashuram Shukla is a defaulter.;