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1997 Supreme(All) 928

I.M.QUDDUSI
JAYDRATH SINGH ALIAS JAYDOO SINGH – Appellant
Versus
JIVENDRA KUMAR – Respondent


Advocates Appeared:
A.KUMAR, R.K.AWASTHI, RAVI KIRAN JAIN, S.K.GARG

I. M. QUDDUSI, J.

( 1 ) THESE are three connected appeals arising out of the same judgment and order dated 26. 9. 1996 passed by IVth Additional District Judge, Shahjahanpur in Jaydrath Singh v. Jivendra Kumar and others, Election Petition No. 1 of 1995. The learned court below while allowing the election petition declared opposite party No. 1 before him, namely, Jivendra Kumar to have become disqualified to be the Adhyaksha.

( 2 ) BRIEF facts of the case are that Jaydrath Singh and Vijai Pratap Singh, who are appellants in first Appeal No. 706 of 1996 filed, an election petition under Section 27 (2) of Uttar Pradesh kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (thereinafter referred to as "the Act")read with Rule 33 of Uttar Pradesh Zila Panchayats (Election of Adhyaksha and Up-Adhyaksha and Settlement of Election Disputes) Rules. 1994 (hereinafter described as the "rules") against the election of Jivendra Kumar (appellant in First Appeal No. 428 of 1996) declaring him elected as Adhyaksha. Zila Panchayat, Shahjahanpur by the Returning Officer. They claimed themselves to be the electors and member of Zila Panchayat Shahjahanpur. The main averments made in the election p















































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