Jamal Kha vs Siraj Ahmad - 2024 Supreme(All) 1326

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 1326

ROHIT RANJAN AGARWAL
Jamal Kha – Appellant
Versus
Siraj Ahmad – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Anand Kumar Srivastava, Indra Bhan Yadav, Om Narayan Dwivedi, Ramesh Chandra Dwivedi.
For the Respondents: C.S.C., Asad Ahmad, Raj Kumar Singh, Tarun Agrawal, Vinay Kumar Pathak.

JUDGMENT :

Rohit Ranjan Agarwal, J. - Supplementary affidavit as well as supplementary counter affidavit, filed today, are taken on record.

2. Heard Sri. R.C. Dwivedi, learned counsel for the petitioner, Sri. Ashok Kumar Pandey, learned counsel for respondent no. 1 and learned Standing Counsel for the State.

3. These two writ petitions filed by petitioner under Article 227 & 226 of Constitution of India, assail the order passed by District Judge, Basti in Civil Revision No. 65 of 2022 dated 05.05.2023 upholding the order dated 16.12.2022 passed by Prescribed Authority/ Sub-divisional Magistrate, Harraiya, District- Basti in Case No. 6023 of 2021 (election petition), under Section 12C of U.P. Panchyat Raj Act, 1947 (hereinafter called as 'the Act of 1947') and also the notification dated 16.08.2023 issued by Election Commission, U.P., Lucknow.

4. The brief facts of the case, leading to filing of these writ petitions are that election to the post of Village Pradhan of Village Panchayat Hyderabad, Tappa Sikandarpur, Block- Parasrampur, Pargana- Amorha, Tehsil- Harraiya, District- Basti was held in April, 2021. The petitioner was declared elected as Pradhan.

5. Respondent no. 1 challenged t

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