A.P.SAHI, J. - (1.) HEARD Shri Atul Srivastava, learned counsel for the petitioner and Shri Jai Prakash Singh, learned counsel for the respondent no. 7 and Shri C.P. Mishra, learned standing counsel appearing on behalf of the respondent nos. 1 to 6.
(2.) IN spite of repeated time having been granted by the Court no counter affidavit was filed, as a result whereof, the Court had to summon the concerned officials. Today a short counter affidavit supported with an application has been filed by Shri Arvind Kumar Singh, District Panchayat Raj Officer, Ghazipur stating therein that unqualified apology is being tendered for the delay caused in providing assistance to the Court and another short counter affidavit has been filed by Shri Jitendra Mohan Singh, Sub- Divisional Magistrate, Jakhaniya, Ghazipur stating therein that pursuant to All] Dhanai V. State of U.P. and others 753 the interim order of this Court, the District magistrate passed an order restraining the respondent no. 7 from functioning as Gram Pradhan. Keeping in view the allegations as contained in the writ petition, the functions of the Gram Pradhan are being carried out by a person appointed and deputed vide order dated 17.12.2007. 3. This writ petition has been filed on the ground that the respondent no. 7- Shyam Narain has been convicted in a criminal case under Section 302 I.P.C. and has been awarded a punishment of life imprisonment, and as such in view of the provisions of Section 5-A(a) of the Uttar Pradesh Panchayat Raj Act, 1947 (hereinafter referred to as 'the Act'), the respondent no. 7 could have neither contested the election of the Gram Pradhan nor could have been elected and therefore a writ of quo warranto should be issued to prevent the respondent no. 7 to function as such as he is totally disqualified to hold any such public office. A further prayer has been made to quash the order dated 30.03.2007 passed by the Tehsildar rejecting the petitioner's representation.
(3.) NOTICES were issued and a counter affidavit has been filed on behalf of the respondent no. 7 as well.;