Hon’ble Arun Tandon, J.—Heard Sri Ravi Kiran Jain, learned Senior Advocate assisted by Sri Deo Prakash Singh, learned counsel for the petitioner, Sri C.P. Dwivedi, learned counsel for private-respondent and learned Standing Counsel for State-respondents.

2. Petitioner before this Court is the elected Pradhan. He is aggrieved by an order of the District Magistrate, Jaunpur dated 25th May, 2011, wherein, in exercise of powers under Section 95 (1) (g) (v) of the U.P Panchayat Raj Act he has held that petitioner was under-age and disqualified from contesting election of the Pradhan and has therefore, removed him from the office.

3. Order of the District Magistrate is under challenge before this Court.

Complaint i.e. respondent No. 4 had contested the elections of Pradhan against the petitioner and he had lost the election, an election petition has already been filed in respect of said election, wherein the issue of petitioner being under-age has specifically been raised.

4. Learned counsel for the petitioner submits that by initiating parallel proceedings, petitioner could not have been non-suited from the office of elected pradhan.

5. Even otherwise, he submits that the vary b