S.RAFAT ALAM, POONAM SRIVASTAVA
HARI OM YADAV – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
By the Court.—In the instant petition sole petitioner has challenged the constitutional validity of Section 27-A of the U.P. Kshetriya Panchayats and Zila Panchayats Adhiniyam, 1961 (U.P. Act No. 53 of 1961) (hereinafter referred to as ‘1961 Act’), which imposes bar on legislatures and holders of certain offices becoming and continuing as Pramukh, Up Pramukh, Adhyaksh and Upadhyaksh.
2. Heard Shri S.P. Gupta, Senior Advocate, assisted by Mr. Yashwant Verma, learned counsel for the petitioner, Shri Chandra Shekhar Singh, learned Standing Counsel appearing for the State, Shri P.K. Mishra, learned counsel appearing for the State Election Commission, Shri B.D. Madhyan, learned Senior Advocate assisted by Shri Satish Madhyan, learned Senior Counsel appearing for, Shri Brijendra Singh son of Ram Bharosey Lal, newly impleaded respondent, who has filed impleadment application as he is elected member from Ward No. 22 of Zila Panchayat, Firozabad. He has staked his claim to the office of Adhyaksh, which has become vacant on account of previous Adhyaksh namely, Hari Om Yadav, petitioner having been elected as Member of Legislative Assembly (hereinafter referred to as ‘M.L.A.’).
3. Count
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