Dr. Vijay Laxmi, J. –

Heard Shri R.P. Mishra, learned counsel for the petitioner and learned Standing Counsel for the State.

2. A perennial question of intriguing constitutional importance that touches upon the ongoing debate of morality and law in this writ petition, namely, whether the petitioner, a Block Pramukh of Kshettra Panchayat, who is an undertrial prisoner for the commission of offences under Section 147, 148, 149, 302 read with Section 34 IPC, shall be allowed to participate in the meetings of the Kshettra Panchayat and to perform his duties as Block Pramukh (Chairperson) under the various provisions of the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961, (hereinafter referred to the 1961 Act).

3. The petitioner prays for a mandamus commanding the respondents to allow the petitioner to participate in the meetings of the Kshettra Panchayat, Block Mankapur, Tehsil Mankapur, District Gonda and perform his duties as Block Pramukh (Chairperson) under the provisions of the Act, 1961 in police custody as and when required.

4. The petitioner has filed his nomination papers as a candidate for being elected as a Member of the Kshettra Panchayat while he was in jai