A. P. SRIVASTAVA, J.

( 1 ) THIS is a petition under Article 226 of the Constitution. The petitioner and the respondent No. 1 Sri Chhakki Lal filed their nomination papers for election to the post or Pradhan of Gaon panchayat Sheora. An objection was raised against the nomination paper of the first respondent on the ground that he stood disqualified because he had been convicted of an offence under section 60 of the U. P. Excise Act and had been sentenced to pay a fine of Rs. 10/- for that offence. It was contended that the offence was one involving moral turpitude. The objection was accepted and the nomination paper of the first respondent was rejected, the petitioner was, therefore declared elected unapposed. The first respondent then filed an election petition and contended that in the circumstances in which his conviction under Section 60 of the Excise Act had been recorded the offence did not involve moral turpitude and his nomination paper had, therefore, been wrongly rejected. The Sub-Divisional Officer who heard the election petition accepted the contention, allowed the election petition, set aside the election of the petitioner and declared a casual vacancy. Against the ord

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