IMPORTANT POINT
Election petitions must be presented personally by the candidate, and failure to comply with this requirement is an incurable defect.

JUDGMENT :

CHANDRA KUMAR RAI, J.

1. Heard Mr. Dhirendra Kumar Singh Rathor/Mr. Madhur Prakash, learned counsel for the petitioner, learned standing counsel for the state-respondents, Mr. Harish Chandra Dwivedi and Mr. Navneet Singh, holding the brief of Mr. D.K. Dwivedi, learned counsel for respondent no. 7.

2. Brief facts of the case are that petitioner was elected as Gram Pradhan of the Gram Panchayat Dhanauri, Block & Tehsil Swar, District Rampur in pursuant to the election held on 15.4.2021. In respect to the aforementioned election, an election petition under Section 12-C of the Uttar Pradesh Panchayat Raj Act, 1947 (hereinafter referred to as the “Act”) has been filed by respondent no. 7/Smt. Shobha Rani before the Sub Divisional Magistrate/ Prescribed Authority, on the ground that the petitioner was not eligible for contesting the election of Gram Pradhan. The Prescribed Authority framed 11 issues in the election petition. An application was filed to decide the issue nos. 1, 3 & 5 as preliminary issues. The petitioner filed reply to the election petition, denying the allegation made in the election petition, stating that petitioner was not holding the post of Shiksha Mitra at the time of filing her nomination. The petitioner also filed her objection to the application filed by the election petitioner to decide the issue nos. 1, 3 & 5 as preliminary issues. The Prescribed Authority/S.D.M. vide order dated 28.7.2023 allowed the election petition and declared the election of the petitioner for the post of Gram Pradhan as void. The Prescribed Authority has also declared the post of Gram Pradhan vacant in respect to gram panchayat Dhanauri, Block and Tehsil Swar, District Rampur. The petitioner challenged the order of the Prescribed Authority dated 28.7.2023 by way of revision under Section 12-C(6) of the Act before the District Judge which was registered as Revision No. 24 of 2023, wherein specific ground was taken that election petition was not presented by election petitioner herself, as such, the election petition cannot be entertained. Respondent no. 7/Smt. Shobha Rani also filed a revision which was registered as Revision No. 26 of 2023 with the prayer that after declaring the election of the petitioner as void, respondent no. 7 should be declared elected as Gram Pradhan as respondent no. 7 was on 2nd position in the election held on 15.4.2021. The revisional court/District Judge vide order dated 9.1.2024 dismissed both the revisions, hence, this writ petition has been filed for the following reliefs:

(i) issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 28.07.2023 (Annexure No. 1) passed by the respondent no. 3, Prescribed Authority/Court of Sub-Divisional Magistrate, Tehsil Swar, District Rampur of Moradabad Division, in Case No. 2194/Computerized Case No. T2021135902194 of 2021 (Smt. Sobha Rani Vs. Smt. Poonam Maurya and others) and judgment and order dated 09.01.2024 (Annexure No. 2) passed by respondent no. 2/Revising Authority/District Judge, Rampur in Civil Revision No. 24 of 2023 (CNR No. UPRPO10059852023 Smt. Sobha Rani W/o Sanjai Kumar and others) respectively and calling for records of the case.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to treat the petitioner not being in service in any manner from the date of tendering her resignation dated 23.03.2021 (Annexure No. 8 to the writ petition).

3. This Court vide order dated 4.3.2024 entertained the matter, issued notice to respondent nos. 8 to 15 as respondent no. 7 was represented by the counsel. All the respondents were directed to file counter affidavit in the matter. In pursuance of the order dated 4.3.2024, respondent no. 7 has filed her counter affidavit as well as learned standing counsel has also filed his counter affidavit. Petitioner has filed his rejoinder affidavit in the matter.

4. Learned counsel for the petitioner submitted that election petition