J.K. Tandon, J. - (1.) The Petitioner was declared elected as Pradhan of Gaon Sabha Niuriya in the district of Hamirpur at the last general elections held in that behalf on 24-12-1955. Later there was an election petition by Badri Prasad Respondent No. 3 as a result of which the Petitioner's election was set aside on the ground that he was not a member of the Gaon Sabha concerned and as such was disqualified for being elected u/Cl. (a) of section 5A of the UP Panchayat Raj Act.
(2.) It was admitted that the petitioner's name did not appear in the register of members relating to this Gaon Sabha on the date of the filing of nomination papers. It, however appeared that the Returning Officer who received the nomination paper entered his name in the register and there after accepted his nomination. The Respondents' contention accordingly was that the Returning Officer was not competent under the provisions relating to preparation of the members Register to enter Petitioner's name in the list of members and the fact, that he entered his name therein made no difference while the Petitioner failed to be a member of the Gaon Sabha concerned. Cl. (a) of section 5A is that a person shall be disqualified for being chosen to any office in the Gaon Sabha which included the office of Pradhan, if he is for the time being not a member of the Gaon Sabha concerned. The Petitioner's election was thus challenged on the ground that he was not a member. The Sub-Divisional Officer accepted the above contention holding that the Returning Officer had no authority under the law to enter the name of the Petitioner in the Register of Members, and ultimately set aside the election. The Petitioner feeling aggrieved by the said order has come up in this writ petition.
(3.) The Petitioner does not challenge the finding arrived at by the Sub-Divisional Officer that the Returning Officer was not competent to enter his name in the register of members. He has, however, challenged the order setting aside the election on the ground that the existence of his name in the register of members was unnecessary and he could without his name being there seek election to the office, provided he fulfilled the qualifications etc. required of a member of Gaon Sabha. The simple question for determination in this case, therefore, is whether the Petitioner was entitled to be elected to the office of Pradhan despite the fact that his name was not entered in the register of members. In other words could he still claim to be a member of the Gaon Sabha concerned.;