Hon'ble Jaspreet Singh,J.
Heard Sri Sandeep Singh learned counsel for the petitioner, Sri Nazim Ali Siddique, learned counsel for the respondent no.3 and Sri Manish Mishra, learned Standing Counsel for the State-respondent nos. 1 and 2.
By means of the instant Public Interest Litigation, the petitioner is seeking for issuance of a writ of mandamus directing the respondent no.3 to follow the law of U.P.Panchayat Raj Act and to declare the respondent ineligible for the Membership of Zila Panchayat and also to dissolve/seize the powers of the respondent no.4 pursuant to the conviction and sentence order dated 13.04.2017 passed by learned Additional Sessions Judge, Court No.5, Bahraich in Session Trial No. 113 of 2004.
The petitioner in the instant petition has not disclosed the credentials as well as has not complied with the mandatory provisions as contained under Chapter XXII Rule 1 (3-A) of the Allahabad High Court Rules 1952.
Apart from the aforesaid, Sri Nazim Ali Siddique, learned counsel for the respondent no.3 has submitted that earlier two writ petitions were filed with regard to the same reliefs. The first writ petition was filed by Sri Umesh Chandra, the uncle of the writ petitioner, being Misc. Bench No. 26629 of 2017 (Umesh Chandra Vs. State of U.P. and others) which was dismissed as not pressed vide order dated 07.11.2017. The order dated 07.11.2017 reads as under:-
"After arguing the matter at some length, learned Counsel for the petitioner submits that he does not want to press the petition and it may be dismissed as not pressed.
Sri Shishir Chauhan, learned Brief Holder for the State-respondents and Sri Nazim Ali Siddique, learned Counsel representing respondent Nos.3 and 4 are present.
Accordingly, the petition is dismissed as not pressed."
The second writ petition was filed by Sri Umesh Chandra, being Misc. Bench No. 32364 of 2019 (Umesh Chandra Vs. State of U.P. and others) which too was dismissed as withdrawn, vide order dated 12.11.2018. The order dated 12.11.2018 reads as under:-
"Heard learned counsel for the petitioner, Shri Nazim Ali Siddique, learned counsel for the respondent No.3 and Shri Manish Mishra, learned Standing Counsel for the State-respondents.
At the outset Shri Anfas Ahmad, learned counsel for the petitioner stated that this petition may be dismissed as not pressed as apparently earlier the petitioner had approached this Court by way of Writ Petition No. 26629 (M/B) of 2017; Umesh Chandra Vs. State of U.P. & Ors., which was also dismissed as not pressed by order dated 7.11.2017, of which the learned counsel for the petitioner says that he had no knowledge of it but had come to know of it later on, after filing of this petition.
We accordingly dismiss this petition as withdrawn."
In view of the aforesaid, the prayer in respect of the same reliefs, which was sought earlier in the aforesaid two writ petitions is not maintainable and therefore, the present petition is dismissed with costs of Rs. 10,000/- which shall be deposited within a period of one month from today.
The cost shall be deposited in the Oudh Bar Association, Lucknow for the purchase of books of its library.
[Jaspreet Singh,J.] [Pankaj Kumar Jaiswal,J.] Order Date :- 26.7.2019 S.Ali