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CHANDRA KUMAR RAI
Poonam Maurya – Appellant
Versus
State of Uttar Pradesh – Respondent
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 t
Election petitions must be presented personally by the candidate, and failure to comply with this requirement is an incurable defect.
Election petitions must be personally presented by the candidate; failure to comply results in dismissal.
Point of Law : Section 11B of the Act provides for election of Pradhan. Section 11D of the Act makes certain further prohibitions in respect of the persons who are seeking election as a Pradhan.
The main legal point established in the judgment is the validity of the presentation of an election petition before the Munsarim within the stipulated time period of 30 days before the District Judge....
The court established that the filing of an election petition must be strictly interpreted in accordance with the statutory time limits, and procedural delays in registration do not invalidate a time....
Improper presentation of an election petition due to non-compliance with statutory signing requirements leads to its dismissal.
Strict compliance with presentation procedures for election petitions under the Representation of People Act is essential, and non-compliance can result in dismissal.
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