- (1.) THE petitioner, who had been declared elected as a Pradhan under the pro­visions of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the 'Act'), has sought the quashing of the order dated 18th August, 2009 passed by the Revisional Au­thority by which the order dated 21st July, 2008 passed by the Prescribed Authority dis­missing the election petition filed by respon­dent No. 1 under Section 12-C of the Act was set aside and the Revision was allowed.
(2.) THE petitioner was declared elected as Pradhan on 28th August, 2005. Respondent No. 1 challenged the election of the petitioner by filing Writ Petition No. 73040 of 2005 which was dismissed by this Court by the judgment and order dated 29th November, 2005 and the operative portion is reproduced below: "In the light of the aforementioned provi­sions present writ petition is not maintainable. Remedy of petitioner lies by filing election petition before Prescribed Authority under Section 12-C of the U.P. Panchayat Raj Act. 1947. In case any election petition is filed then endeavour shall be made by Prescribed Au­thority to conclude the same preferably within a period of one year subject to co-operation being extended by the parties without grant­ing any unnecessary adjournment. With the above direction, present writ pe­tition is dismissed." Respondent No. 1 thereafter filed elec­tion petition on 22nd December, 2005. An ob­jection was raised by the petitioner that the election petition should be dismissed as it was filed beyond the period of limitation prescribed under Rule 3 of the U.P. Panchayat Raj (Settle­ment of Election Dispute) Rules, 1994 (here­inafter referred to as the 'Rules'). The Pre­scribed Authority on 15th November, 2007 passed an order for recounting of the ballot papers. This order was challenged by the petitioner by filing Writ Petition No. 57173 of 2007 which was allowed by the judgment and order dated 21st November, 2007 and the operative portion is quoted below:- "The order of the Prescribed Authority is, therefore, set aside. The Prescribed Author­ity shall decide the matter and will consider the objections of the petitioner including the question of limitation as well as all other con­tentions which may be available to the par­ties under the law. The writ petition is allowed. The order dated 15.11.2007 passed by the Prescribed Authority is quashed."
(3.) THE Prescribed Authority then by the or­der dated 21st July, 2008 dismissed the elec­tion petition both on the ground of limitation as well as on merits. Respondent No. 1 there­after filed Revision which has been allowed by the learned District Judge, Mau by the or­der dated 18th August, 2009 holding that the Prescribed Authority dismissed the election petition only on the ground of limitation but did not frame issues and decide them. The order dated 21 st July, 2008 passed by the Pre­scribed Authority was, accordingly, set aside and the matter was remanded to the Pre­scribed Authority to decide the matter in ac­cordance with the judgment and order dated 21st November, 2007 passed in Writ Petition No. 57173 of 2007.;