RIKH DEO YADAV Vs. STATE OF U P
LAWS(ALL)-2008-3-201
HIGH COURT OF ALLAHABAD
Decided on March 26,2008

RIKH DEO YADAV Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) -PETITIONER has sought following relief in this writ petition:- "a. Issue a writ, order or direction in the nature of mandamus directing the respondents to comply the orders dated 27. 12. 2007 and 31. 12. 2007 (Annexure Nos. 5 and 7 respectively) passed by Commissioner, Azamgarh Division, Azamgarh and further be pleased to direct the District Magistrate, Azamgarh to hold enquiry in respect of 31 forged affidavits submitted by Sri Mahendra Yadav S/o Tilakdhari, Laxmi Shanker S/o Lala Yadav, Chandrajeet Singh S/o Ram Chander Singh, Raj Bahadur S/o Late Lotu Yadav and Dinesh S/o Jai Ram Yadav and to take action in accordance with law against the persons who forged the signatures of selected members of Kshettra Panchayat Tahbarpur, District Azamgarh if they are found guilty; b. issue writ, order or direction in the nature of mandamus commanding the respondents not to adopt harassing attitude against the petitioner in day-to-day functioning as Pramukh, Kshettra Panchayat, Tahbarpur, District Azamgarh; c. issue such order and further writ, order or direction as the Hon'ble Court deem just and proper in the facts and circumstances of the case. D. award the cost of petition in favour of petitioner. "
(2.) WITH respect to the allegation of the petitioner about 31 forged affidavits submitted by certain persons and for making enquiry in that matter, he earlier filed Writ Petition No. 157 of 2008, wherein the relief No. 1 and 2 were as under:- " (i) issue a writ, order or direction in the nature of mandamus directing the respondent No. 2, District Magistrate Azamgarh to hold an enquiry in respect of genuineness of affidavits of 31 members filed by-respondents No. 3 to 7 along with application dated 13. 12:2007 (Annexure-2 to the writ petition) (ii) issue writ, order or direction in the nature of Mandamus directing the respondent No. 2 not to entertain the application dated 13. 12. 2007 filed by respondent Nos. 3 to 7 (Annexure No. 2 to the writ petition) in respect of bringing no confidence motion against the petitioner without verifying the genuineness and correctness of signatures on affidavits of 31 members of Kshettra Panchayat Block Tahbarpur District Azamgarh filed along with application dated 13. 12. 2007. (iii ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iv ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "
(3.) THIS Court vide judgment dated 8. 1. 2008 rejected the aforesaid request of the petitioner holding as under:- "this Court in exercise of jurisdiction under Article 226 of the Constitution of India cannot direct respondent No. 2 as prayed in prayer No. II in the writ petition to hold enquiry in respect of genuineness of affidavits of 31 members filed by respondents No. 3 to 7 along with the application dated 13th December 2007 (Annexure-2 to the writ petition) whereby a meeting was sought to be convened for consideration of motion of no confidence against the petitioner. Even assuming what the petitioner says may be correct, the persons who are supporting the petitioner would not cast their vote against the petitioner in the meeting for consideration of motion of no confidence against the petitioner scheduled to be held on 10th January 2008. Thus in our view the first prayer cannot be granted to the petitioner. ";


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