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2013 Supreme(All) 2836

TARUN AGARWALA
VIRESH KUMAR TIWARI – Appellant
Versus
ADDITIONAL DISTRICT JUDGE, BALLIA – Respondent


Advocates:
Counsel :
Ashok Khare, Rahul Agrawal and Nand Kishore Singh for the Petitioner; P.N. Saxena, S.K. Pathak, Abhishek Kumar and Y.K. Srivastava for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—The petitioner was elected as the Pradhan. Respondent No. 3, being aggrieved by the election result, filed an election petition under Section 12-C of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the Act). One of the grounds of attack was that the petitioner stood disqualified to contest the election as he was working as a clerk in a District Co-operative Bank and was holding an office of profit.

2. The petitioner contested the election petition contending that the election petition was not maintainable since the election petition was presented personally by respondent No. 3 and that the election petition was not presented through his counsel. It was also contended that the pre-requisite deposit of Rs. 50/- was not deposited under a particular head, which was fatal to the maintainability of the election petition.

3. Initially, the election petition was allowed ex parte. The recall application filed by the petitioner was rejected, against which, a revision was filed, which was allowed and the matter was remanded to the Tribunal to decide the matter on merits. Respondent No. 3 filed a writ petition, which was dismissed. Thereafter the




















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