The writ petition has been taken up through video conferencing. It is accompanied with an application for urgency which on consideration is allowed.
Heard learned counsel for petitioner, learned State Counsel for opposite parties 1,3 and 4 and Mr. Anurag Kumar Singh learned counsel for opposite party No.2.
Petition has been filed seeking a direction to the opposite parties for conduct of election to the post of village pradhan in village panchayat- Bhatpurwa, Block and Tehsil-Maholi, District-Sitapur.
Learned counsel for petitioner submits that earlier election to the post of village pradhan for the said village was held on 30th September, 2016 and certificate of election to the village pradhan was issued on 4th October, 2016 but now despite the fact that almost five years have elapsed, the village in question is not being included in the incoming panchayat elections for which notification has been issued on 26th March, 2021.
Learned counsel appearing on behalf of opposite parties submits that earlier elections for the post of pradhan for the concerned village was held in September, 2016 and the certificate was issued in October, 2016 whereafter the first meeting of the gaon sabha was held in October, 2016. It is submitted that the notification for election dated 26th March, 2021 clearly excludes all those villages such as in the present case where the tenure of earlier gaon sabha is neither complete nor would be complete for the next six months from the date of issue of notification. It is submitted that even otherwise the petition in individual capacity of the petitioner is not maintainable.
Considering the aforesaid submissions, it is apparent that the petitioner has not filed the present petition in the nature of public interest litigation nor has indicated his credentials for maintaining the present petition with the relief claimed.
Even otherwise the exclusion of petitioner's village seems to be correct in view of the notification dated 26th March, 2021 and the constitutional provisions with regard to same under Article 243.
Consequently the writ petition stands dismissed.
Order Date :- 13.4.2021 prabhat