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2021 Supreme(All) 1231

RAKESH SRIVASTAVA, SHAMIM AHMED
Jang Bahadur Singh – Appellant
Versus
State Of U. P. Thru. D. M. , Lakhimpur Kheri – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Nirmal Singh Yadav, Adarsh Srivastava, Divya Yadav
For the Respondent: C.S.C., Anurag Kumar Singh

JUDGMENT :

1. Heard Sri Nirmal Singh Yadav, learned counsel for the petitioner.

2. This writ petition has been filed praying inter alia the following relief:-

    (i) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to consider the representation of the petitioner and lodge the criminal case against the opposite party no. 5-Pradhan after investigate the matter and seize the powers of the opposite party no. 5 on the basis of submitting false and forged paper and concealment of fact by him in election process.

3. Kishan Pal, respondent no. 5 herein, is the Pradhan of Village Bachgawan, P.O. Bankagaon, Block and P.S. Pasgaon, Tehsil Mohamdi, District Lakhimpur Kheri. The petitioner, it is alleged, is simple, gentle and law abiding person and voter of the said Gram Panchayat. On 20.10.2021 the petitioner lodged a complaint before the State Election Commission, UP, Lucknow to the effect that the respondent no. 5 is not the resident of the village and as such his election to the post of Gram Pradhan was illegal. It was prayed that action be taken against him.

4. The question is as to whether the petitioner has the locus to invoke the extraordinary jurisd

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