Hon'ble Rajesh Chandra,J.
Heard learned counsel for the petitioner, Sri S.K. Singh, learned Advocate who appeared for Election Commission and learned Standing Counsel.
Objection from the State/Election Commission side is that election petition filed by the petitioner before the Sub. Divisional Officer is not maintainable as that will be maintainable before learned District Judge in view of Rule 7 of U.P. Kshettra Panchayats and Zila Panchayats (Removal of disqualification and settlement of dispute relating to disqualification and membership) Rules, 1994 for settling of dispute about membership as provided under Section 14(2) of the U.P. Kshettra Panchayats and Zila Panchayats Adhiniyam .
In view of the aforesaid, it is always open for the petitioner to move appropriate application before the concerned authority before whom the election petition has been filed for return of the petition for being presented before appropriate court/forum so provided in the Adhiniyam/Rules.
With the aforesaid observation this petition stands disposed of.
Order Date :- 1.12.2010 M.A.A.