JUDGMENT :

VIKAS BUDHWAR, J.

1. Heard Sri K.R. Singh along with Sri Bharat Singh Pal, learned counsel for the petitioner, Sri Sanjay Kumar Singh, learned Addl. Chief Standing Counsel for the State, Sri Prakhar Saran Srivastava, learned counsel for the Election Commission and Shri N.K. Pandey, counsel for the respondent no. 6.

2. The counsel(s) for the rival parties have made a joint statement that they do not propose to file any further affidavits and the writ petition is being decided on the basis of the documents available on record, thus, with the consent of the parties, writ petition is being decided at the admission stage.

FACTS

3. The facts of the case as worded in the petition are that the State of Uttar Pradesh in exercise of powers as conferred therein decided to fill up the office of Block Pramuk throughout the State of Uttar Pradesh including Block Pramuk of Block Gangoh, Tehsil Nakud, District Saharanpur which was earmarked under OBC (Woman) reservation category. The date of the nomination of the candidates for election to the office of Pramukh was 08.07.2021 and nomination could be withdrawn by 09.07.2021 and the date of the election for the office of Pramukh was scheduled on 10.07.2021. As per the writ petitioner/ Munni Devi filed objections (Paper No. 25C/13) against the nomination of Smt. Babli w/o Mem Singh, sixth respondent on the ground that her name stands recorded in Uttarakhand Legislative Assembly-25 at Haridwar and Lok Sabha-5 Haridwar at Serial No. 142, Aryanagar, Jwalapur, U. Bhawan, K.N.-1 and Serial No. 781, Shivalik Shishu Junior High School, Aryanagar, Uttari Bhawan, Tehsil Haridwar. Since the name of the sixth respondent found place at both the places i.e. Saharanpur, Uttar Pradesh and Haridwar, Uttarakhand, thus, her name be deleted from one place to contest election to the other place. Then after scrutiny of the nomination's papers, the nomination of the 6th respondent, (Smt. Babli W/O Mem Singh) and Kavita W/O Vikash Kumar resident of Village Dabkaula was rejected due to non-compliance of condition No. 6(A) of the Directive issued by State Election Commission, U.P., Lucknow vide Letter No. 4169/ Ra. Ni. Aa.-3/P.Ni./53-21/2021 dated 25.07.2021.

4. It is also the case of the petitioner, that due to the rejection of the nomination of the 6th respondent and Smt. Suman, they raised objection that their nomination paper cannot be rejected. Assistant Returning Officer/ District Cane Officer, Saharanpur, thereafter wrote a letter dated 09.07.2021 to District Election Officer, Saharanpur, apprising all the factual and the legal position and found that the objections of the 6th respondent and Smt. Kavita had no force. The elections were conducted on 10.07.2021 and the petitioner is claimed to be elected unopposed for the office of Block Pramukh of Block Gangoh, Tehsil Nakud, District, Saharanpur, under OBC (Women) Reservation Category.

5. The same led to filing of an election petition by Smt. Babli, 6th respondent, before the District Judge/ Election, Tribunal, Saharanpur, which was numbered as Election Petition No. 217 of 2021 (Smt. Babli v. State of Uttar Pradesh and 4 others), seeking relief to the extent that election for the office of Block Pramukh of Block Gangoh, District Saharanpur be declared void, and an appropriate directions be issued in that regard against the defendants in the election petition.

6. On being noticed, the present petitioner filed his written statement and reply was also filed by the defendant nos. 1 and 3 being the State of Uttar Pradesh, through its Collector, Saharanpur, Collectorate, Saharanpur and the Election Officer, DCO/ Deputy Cane Commissioner, Saharanpur.

7. Vide order dated 03.07.2022, the District Judge/ Election Tribunal, Saharanpur framed two issues, namely, (a) whether on the basis of the averments made in the election petition, the uncontested election of the Opposite Party No. 4 (writ petitioner) and such declaration order dated 10.7.2021 issued by Opposite Party No.