Rajiv Roy, J.—Heard learned counsel for the parties.

2. The petitioner has preferred the present petition for following reliefs:—

(i) for declaring the Respondent no.8 disqualified to hold the post of Ward Member of Gram Panchayat Raj Bhagwanpur Territorial Constituency No.14 under Jokihat Block of Araria District on the ground that:

(a) the Respondent no.8 is absconding in a criminal case i.e. Case No.2556 of 2015 pending in the court of learned Additional Chief Judicial Magistrate III. Varanasi since 2015 for more than six months;

(b) he had not mentioned about this case in his affidavit filed in Schedule-IIIA along with his nomination paper before the Returning Officer;

(ii) for a further declaration that absconders for more than six months are not entitled to hold the elected post of grass root democracy, whether it is rural or urban the Respondent no.8 is also disqualified to hold the post if he is absconding in a criminal case since 2015;

(iii) for issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent State Election Commission to hold a fresh election in Ward No. 14 of Gram Panchayat Raj, Bhagwanpur, if on consideration, the Respondent n