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2019 Supreme(All) 1087

RAJAN ROY
Shaba @ Munni – Appellant
Versus
Distt & Sess. Judge Barabanki – Respondent


Advocates Appeared:
For the Appellant : Ravi Nath Tilhari
For the Respondent: C.S.C, Dwijendra Misra, R K Chaudhary

JUDGMENT :

RAJAN ROY, J.

1. Short Counter Affidavit has been filed, which is taken on record.

2. Heard Sri Ravi Nath Tilhari, learned counsel for the petitioner, Sri Jagdish Prasad Maurya, learned Additional Chief Standing Counsel for the State, Sri Dwijendra Misra, learned counsel for the opposite party no. 3 and Sri R. K. Chaudhary, learned counsel for the opposite party no. 4.

3. This is a writ petition under Article 226 of the Consolidation of India challenging the order passed by the Revisional Authority under Section 12-C(6) of the U.P. Panchayat Raj Act, 1947 (hereinafter referred as ‘Act 1947’) i.e. the District Judge, Barabanki, in Revision No. 58 of 2016; Anil Kumar Vs. State of U.P. and another dated 12.04.2017.

4. The facts of the case in brief are that the petitioner herein filed his nomination for election to the office of Gram Pradhan and was elected as Gram Pradhan as a candidate belonging to the OBC category for which the concerned Gram Pranchayat was reserved in terms of Section 11-A read with Section 12-b(5) of the Act 1947 and the relevant Rules in this regard. The opposite party no. 3 herein, the runner up in the said election, filed an election petition whereupon n

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