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2002 Supreme(All) 697

R.R.YADAV
HOTILAL – Appellant
Versus
STATE OF U. P – Respondent


Advocates Appeared:
K.M.SAHAI, P.K.MISHRA, P.S.TIVARI, R.P.GOEL, U.N.Sharma

R. R. YADAV, J.

( 1 ) IN the aforesaid two writ petitions common question of legislative transgression of State legislature inserting sub-clause (iii-a) in clause (g) of Sub-sec. (1) of S. 95 of U. P. Panchayat Raj Act by way of Uttar Pradesh Panchayat Raj (Amendment) Act, 1998 (hereinafter referred to as U. P. Act No. 21 of 1998) in contravention of mandatory provisions enshrined under Art. 243-O of the Constitution of India is involved, therefore, I propose to decide these two writ petitions by a composite order giving brief facts of both these cases indicating laissez faire and arbitrariness in passing the impugned orders by Executive Officers having no jurisdiction in such disputes ignoring the supremacy of rule of law in a democratic polity like ours.

( 2 ) IN writ petition No. 2579 of 2002 Hoti Lal contested the election for the office of Pradhan of Gram Panchayat, Jarani Kalan as a scheduled caste candidate as he belongs to Kanjar caste which finds place in the list of scheduled caste. The aforesaid constituency was reserved for scheduled caste candidate. It is averred in the writ petition that the election for the office of Pradhan of the said Gram Panchayat was contested by






















































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