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2005 Supreme(All) 514

AJOY NATH RAY, ASHOK BHUSHAN
Gyan Pratap Singh, Bachchraj Singh – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
A.KUMAR, R.B.Singhal, R.DWIVEDI, V.S.Dwivedi,

( 1 ) THIS appeal is taken up and disposed of.

( 2 ) IT is from an order of an Honble Single Judge dated 10. 2. 2005 wherein his Lordship has quashed the selection and appointment of one Gyan Pratap Singh, who was respondent no. 5 in the Court below. The only reason for quashing is his relationship to the Village Pradhan. It is an admitted case that the appellant at the material time was the husbands brothers son, i. e. the brother-in-laws son of the Village Pradhan, who was a lady.

( 3 ) THE only provision of law which is material for our consideration, is the explanation of sub-rule (5) of Rule 165 of the U. P. Panchayat Raj Rules, 1947. sab-rule (4) prohibits the appointment of a Panchayat members relation to any post ( (SIC) servants (SIC) ).

( 4 ) THE said explanation is set out below:" explanation-- The word "relation" in the proviso means father, grand-father, father-in-law, maternal or paternal uncle, son, grandson, son-in-law, brother, nephew, first cousin, brother-in-law, sisters husband, wife, wifes brother, son of nephew".

( 5 ) WE are of the clear opinion that the explanation is not illustrative but exhaustive. The wordings of the explanation indicates that the wording















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