JUDGEMENT
Umesh Chandra Dhyani, J. -
(1.)By means of present writ petition, the petitioner seeks to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 22.09.2015, passed by learned District Judge, Dehradun, in Election Petition No. 83 of 2014. Election for the post of Member of Sherpur Ward, Zila Panchayat, Dehradun was held, in which petitioner was declared elected. Aggrieved against the same, an election petition was filed by respondent No. 1, alleging, among other things, that the petitioner was below 21 years of age. The District Judge/Election Tribunal allowed the election petition of respondent No. 1 and declared the election of the petitioner for the post of Member of Sherpur Ward, Zila Panchayat, Dehradun, as void on the ground that she was not eligible to contest the said election being below 21 years of age, and respondent No. 1 was declared elected for the post of Member of Sherpur Ward, Zila Panchayat, Dehradun, vide judgment and order dated 22.09.2015. Aggrieved against the same, present writ petition has been filed by the petitioner.
(2.)Sec. 18 -C of the U.P. Kshettra Panchayats and Zila Panchayats Act, 1961, reads as under:
"Right to vote etc. - - Except as otherwise provided by or under this Act, every person whose name is for the time being, included in the electoral roll for the territorial constituency of a Zila Panchayat shall be entitled to vote at any election thereto and be eligible for election to the membership or to any office in the Zila Panchayat:
Provided that a person who has not completed the age of twenty -one years shall not be qualified to be elected as a member or office bearer of the Zila Panchayat."
It, therefore, follows that only a person who has completed the age of 21 years is alone eligible to contest election as a Member or office bearer of the Zila Panchayat.
(3.)After hearing learned counsel for the parties and having gone through the documents brought on record, this Court is seized with the following questions:
(a) What was the age of the petitioner when she contested the election of Member of Zila Panchayat?
(b) Was the Election Tribunal justified in declaring respondent No. 1 as elected for the post of Member of Zila Panchayat, Sherpur Ward?
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