Hon’ble S.K. Singh, J.—Heard Sri Vikrant Pandey, learned Advocate in support of this petition and Sri Wasim Alam, learned Standing Counsel ably assisted by Sri Govind Saxena, learned Brief Holder, who appeared/argued as State Counsel to assist the Court.

2. By means of this writ petition challenge is to the order of the learned District Judge, Mainpuri dated 27.9.2006 by which revision filed by the petitioner was dismissed and the order dated 3.8.2006 passed by the Sub Divisional Magistrate, Bhogaon/Election Tribunal by which petitioner’s application for dismissal of the election petition for want of notice under Section 80, C.P.C. and the notice under Section 106 of the U.P. Panchayat Raj Act, 1947 has been rejected.

3. Before proceeding to deal with the submission so advanced, a brief notice of small undisputed facts will be necessary. Petitioner happens to be winning candidate on the post of Pradhan, Gram Panchayat, Rajwana, Tehsil Bhogaon, district Mainpuri in the election held in the year 2005 of which result was declared on 29.8.2005. Challenging the election of the petitioner, election petition was filed on 22.9.2005 by the respondent No. 3, impleading the petitioner a