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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Anjani Kumar Mishra, J
Sarvesh Kumar – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Anjani Kumar Mishra, J.
1. Heard Shri Anil Melhotra and Shri Manoj Kumar, learned counsel for the petitioner, Shri Ashok Khare assisted by Shri J.P. Singh for respondent no.5, Shri Ten Singh for the State Election Commission and learned Standing Counsel for the respondents 1 to 3.
2. The petitioner by means of this petition has sought a writ of quo- warranto restraining the respondent no.5 from holding the post of Kshettra Panchayat Pramukh, Block Martinganj, District Azamgarh. A direction has also been sought for declaring the said post to be vacant for holding fresh elections to it.
3. The undisputed facts of the case are that the respondent no.5, resident of village Surhan, contested the election of member of the Block Development Council and was duly elected. He thereafter was also elected as the Pramukh of Kshettra Panchayat.
4. By a notification dated 22.07.2022, issued under Section 3 of the Municipalities Act , 1916, village Surhan was excluded from the territorial constituency of Kshettra Panchayat, Martinganj and was incorporated in the territorial constituency of Nagar Palika, Martinganj.
5. Since the name of the respondent no.5 existed in the electoral roll of vill
A writ of quo-warranto is maintainable to challenge the continued tenure of a Pramukh who incurred disqualification under electoral law, necessitating a fresh election.
The main legal point established in the judgment is that the provisions of the Goa Panchayat Raj Act, 1994, specifically Sections 9, 10, and 13, govern the elections, qualifications, and disqualifica....
Point of Law : In our view, on proper interpretation of the Statute, after election process has come to an end, the State Election Commissioner, District Magistrate and the Election Officer cease to ....
The court emphasized that a writ petition can be entertained to protect the right to a fair election, even in cases where an election petition may exist as an alternate remedy.
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.
Reservation for village panchayat posts must reflect the actual population demographics; improper reservation violates legal provisions.
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