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2005 Supreme(All) 449

ARUN TANDON
Chandrapal Singh, Khandari Singh – Appellant
Versus
XIIth Additional District Judge, The Prescribed Authority (Panchayat)/Sub – Respondent


Advocates:
A.N.SRIVASTAVA, Deepak Jaiswal, N.K.SRIVASTAV, P.K.SRIVASTAV,

ARUN TANDON, J.

( 1 ) HEARD Sri P. K. Srivastava, learned counsel for the petitioner, Sri Deepak Jaiswal, learned counsel for the respondent No. 3 and Learned Standing Counsel for the other respondents.

( 2 ) THE Post of Pradhan of Village Mallpur Jannua, Tehsil Billari, Moradabad was declared as reserved constituency for Scheduled Castes in respect of elections, which were to be held in the year 2000. Sri Chandra Pal Singh, petitioner on the basis of Caste Certificate obtained by him from the Tehsildar contested the elections for the said post of Prdhan of Village Mallpur Jannua. In the elections so held, Sri Amar Singh, respondent No. 3 was also one of the contestant. The result of the said elections was declared on 26th June, 2000 in which the petitioner Sri Chandra pal Singh defeated Sri Amar Singh, (the petitioner, secured 447 votes while the respondent No. 3 secured only 429 votes ). Sri Amar Singh filed Election Petition being Election Petition No. 8 of 2001 under Section 12-C of the Panchayat Raj Act on the ground that Sri Chandra Pal Singh was not eligible to contest the said elections for the post of Pradhan of Village Mallpur Jannua, which was declared as reserved constit









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