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2023 Supreme(All) 1186

SAURABH LAVANIA
Kusum Mishra – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Manoj Kumar Mishra, Prabhat Kumar Ojha, Vinay Kumar.
For the Respondents: Atul Kumar Dubey, Pooja Singh, Jay Prakash Singh Vats.

JUDGMENT :

SAURABH LAVANIA, J.

1. Heard.

2. Present petition has been filed for the following main reliefs:

    “(i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 05.06.2023 by opposite party No. 2 i.e. Prescribed Authority/Sub Divisional Officer, Lalganj, District-Pratapgarh in Case No. 3146/2021 (Computerized Case No. T2021102570203146), as Contained as Annexure No. 1, in the interest of justice.

(ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties not to interfere in the functioning of the Petitioner as validly elected Gram Pradhan of Gram Panchayat-Naubasta, Block Lakshmanpur, District-Pratapgarh, in the interest of justice.”

3. At the very outset, learned counsel appearing for the side opposite stated that the present petition, challenging the order dated 05.06.2023 passed by the opposite party No. 2-Prescribed Authority/Sub Divisional Officer, Lalganj, District-Pratapgarh, in the proceedings instituted under Section 12-C of U.P. Panchayat Raj Act, 1947 (in short “Act of 1947”) registered as Case No. 3146 of 2021, Computerized Case No. T2021102570203146, whereby, the proceedings ins

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