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1957 Supreme(All) 255

RANDHIR SINGH
BABU RAM – Appellant
Versus
PERAGI – Respondent


Advocates Appeared:
B.K.DHAON, B.N.ROY, H.N.MISRA, HYDER HUSSAIN, J.S.TRIVEDI

RANDHIR SINGH, J.


( 1 ) THIS is a petition for a writ of certiorary under Article 226/227 of the Constitution of India for the quashing of an order dismissing an election petition instituted by the petitioner Babu Ram, challenging the election of opposite party No. 1 to the office of Pradhan Gaon Sabha Ra-soora, district Sitapur. ,

( 2 ) IT appears that out of two rival candidates, namely the petitioner and opposite party No. 1, opposite party No. 1 succeeded in getting a majority of votes and was declared elected. An election petition was then instituted by the present petitioner for the setting aside of the election of opposite party No. 1. This election petition was presented to the Sub-Divisional Officer, sitapur but was transferred to Sri Harish Chandra, Judicial Officer and Additional sub-Divisional Officer, Sitapur. The question as to whether a Sub-Divisional Officer, who was competent to entertain an election petition arising out of an election of Pradhan to a Gaon Sabha within his jurisdiction, had a right to transfer the same to another Assistant Collector of the First Class designated as Additional sub-Divisional Officer by some order of the Collector and if such an autho










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