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1961 Supreme(All) 83

M. C. DESAI, S. N. DWIVEDI
RAMESHWAR DAYAL – Appellant
Versus
SUB-DIVISIONAL OFFICER GHATAMPUR – Respondent


Advocates Appeared:
B.P.AGRAWAL, GOPI NATH, J.Swarup, N.C.UPADHYAY, S.C.KHARE, TRILOKI NATH

DESAI, C. J.

( 1 ) THIS is a petition under Article 227 of the Constitution for quashing of an order passed by opposite party No. 1 and for a direction to him to stay transfer of the charge of the office of pradhan to opposite party No. 2 and not to remove the petitioner from the office of Pradhan during the pendency of an election petition filed by him against the election of opposite party no. 2 as Pradhan. On 4-5-1961 we dismissed the petition and said that the reasons for dismissing it would be placed on record later. We now give the reasons for our order.

( 2 ) THE petitioner was elected as Pradhan of a Gaon Sabha in 1955. The next election for the office of Pradhan was held in December, 1960 opposite Party No. 2, and the petitioner contested the election, and opposite party No. 2 was declared elected. The petitioner filed an election petition in the Court of opposite party No. 1 challenging the election of opposite party No. 2 on various grounds, He also applied to opposite party No. 1 for not transferring the charge of the office from the petitioner to opposite party no. 2 pending disposal of the election petition, but the opposite party No. 1 dismissed his application on th





































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