ORDER

I have already heard Mr. S.B.K. Mangalam, the learned counsel for the petitioner, Mr. Amit Shrivastava, the learned senior counsel for respondent no.7 and Mr. Ravi Ranjan, the learned counsel for the State Election Commission (Municipality), hereinafter to be referred to as 'the Commission' as well as the learned counsel for the State.

2. The petitioner has filed the present writ application for the following reliefs:—

(I) for issuance of an appropriate writ in the nature of CERTIORARI for quashing the order dated 17.08.2024 passed by the Respondent no.4 in the capacity of Returning Officer to conduct the election for the vacant post of Chief Councilor of Khusrupur Nagar Panchayat whereby and where under Respondent no.4 was pleased to reject the nomination of the petitioner to contest for the post of Chief Councilor on the ground that the petitioner was removed from the post of Chief Councilor on 26.04.2022 when a motion of No Confidence was passed against him.

(II) for issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent no.4 to bring on record the result of the election dated 17.08.2024 by which the Respondent no.4 was pleased to declare the Respondent no.7 elected uncontested for the post of Chief Councilor of Khusrupur Nagar Panchayat and on production the same may be quashed by issuance of an appropriate writ in the nature of CERTIORARI on the ground that the uncontested election of the Respondent no.7 as the Chief Councilor of Khusrupur Nagar Panchayat was in a fortuous circumstance because of improper and illegal rejection of petitioner's nomination and there his election as the Chief Councilor cannot be sustained in law.

(III) for issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent nos. 8 and 9 to hold a fresh election for the post of Chief Councilor of Khusrupur Nagar Panchayat in accordance with law.

(IV) For issuance of any other appropriate writ/writs, order/ orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case."

3. The brief case of the petitioner is that the petitioner Manik Lal Prasad was elected as Ward Councillor of Khusrupur Nagar Panchayat in the election held in March, 2020. Thereafter, he contested for the post of Chief Councillor of the said Nagar Panchayat and was elected with majority of the votes. Soon after completion of two years of terms of his office as Chief Councillor, a 'no-confidence motion' was passed against him and the petitioner was removed from his post on 26.04.2022. Thereafter, one Smt. Ranju Singh was elected as Chief Councillor of the said Nagar Panchayat. Smt. Ranju Singh had completed two years term in the office of the Chief Councillor and a 'no-confidence motion' was brought also against her. She was also removed from the said post, since the majority of the Ward Councillors did cast their votes in support of the 'no-confidence motion. Thereafter, the post of the Chief Councillor had fallen vacant. After removal of Smt. Ranju Singh, the Commission notified the date of election on 17.08.2024 and respondent no.4 was the Returning Officer of the election. Only two persons, the petitioner and respondent no.7, filed their nomination papers for contesting the election and no other nomination was filed. During the course of scrutiny, the Returning Officer arbitrarily rejected the petitioner's nomination on a solitary illegal ground that 'no-confidence motion' was passed against the petitioner. The decision of rejection of the nomination by the respondent no.4 was mala fide and only with intention to declare respondent no.7 as duly elected Chief Councillor as uncontested for the reasons that respondent nos. 4 and 7 were aware that majority of the Ward Councillors had made up their minds to support the petitioner in the election. The respondent no.4 rejected the nomination of the petitioner on the ground that earlier the peti