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2023 Supreme(All) 450

ABDUL MOIN
Subodh Kanti – Appellant
Versus
Distt. Judge Unnao – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ashish Kumar Rastogi
For the Respondent: Purusottam Awasthi, Ashish Kumar

JUDGMENT :

1. Heard learned counsel for the petitioner and Shri Purusottam Awasthi, learned counsel for the respondent no. 2.

2. The instant petition has been filed praying for the following main relief:

    "(i) Issue writ, order or direction in nature of certiorari, this Hon'ble Court may graciously be pleased to set aside/quash the impugned order dated 05.01.2023 passed by the opposite party no. 1 in revision no. 15/2022 (Murali Prasad Verma vs Smt Subodh Kanti and others) as contained in annexure no. 1 to this petition."

3. The case set forth by the petitioner is that the petitioner was declared elected as Gram Pradhan of Village Fatehur, Block Pargana and Tehsil Safipur, District Unnao in the elections of the year 2021. The respondent no. 2 was one of the candidates in the said election. The respondent no. 2 filed an election petition before the prescribed authority under provisions of Section 12C of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the Act, 1947) challenging the election of the petitioner. The election petition was dismissed vide the order dated 23.05.2022, a copy of which is annexure 9 to the petition. The respondent no. 2, being aggrieved, filed a revis

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