Rajan Roy, J. - (1.) Heard learned counsel for the parties.
(2.) Counter affidavit filed on behalf of opposite party no.6 is taken on record. As the counsel for the petitioner says that there being no denial of the factum of conviction of the opposite party no.6 under Sections 323 and 354 IPC there is no need for filing rejoinder affidavit as the other contentions in the counter affidavit are argumentative in nature which shall be met during the course of arguments.
(3.) This is a writ petition under Article 226 of the Constitution of India seeking a writ of quo-warranto against the opposite party no.6 on the ground that the opposite party no.6, after being elected as Gram Pradhan of Gram Panchayat Sidahir, Block Masaudha, Tehsil Sohawal, District Faizabad, has been convicted by a Court of criminal jurisdiction in Sessions Trial No.50 of 2015 (Crime Case No.436 of 2014) under Sections 323,506,354,376 IPC vide judgment of the Additional District Judge/F.T.C. I, Faizabad dated 01.06.2018 and has been sentenced to one year imprisonment with fine of Rsnor of Deputy Director, Conslidation Court.1000/-(one thousand) under Section 323 IPC; sentence of two years imprisonment with fine of Rs.10,000/-(ten thousand) under Section 354 IPC as also a sentence of one year with fine of Rs.5000/-(five thousand) under Section 506 IPC; and on failing to deposit the fine further sentence has been ordered to be undergone as mentioned in the judgment.;