By the Court.—This writ petition is directed against the order of the State Election Commissioner, U.P. at Lucknow dated 19.1.2013 by which he has countermanded the elections of Chairman, Zila Panchayat, Varanasi on the seat, which has fallen vacant on the no confidence motion passed against the then Chairman, Zila Panchayat, Varanasi on 28.6.2012; and its communication by the District Magistrate, Varanasi dated 20.1.2013.

2. The pleadings have been exchanged. With the consent of the parties, the writ petition was heard on the following questions of law :

“(i) Whether the State Election Commission in exercise of its powers of superintendence over the elections on the post of Chairman of Zila Panchayat under Article 243K of the Constitution of India can direct to countermand the elections on any grounds other than the ground of the death of a candidate under Rule 15 of the U.P. Panchayat Election of Adhyaksh and Upadhyaksh and Settlement of Election Dispute Rules, 1994, made under the U.P. Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961?

(ii) Whether the State Election Commission, U.P. can countermand the elections after the date of scrutiny and withdrawal of the nomina