HC junks petition challenging de-reservation of pradhan post in three UP villages

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Allahabad, Apr 2 (PTI) The Allahabad High Court on Friday dismissed a writ petition challenging de-reservation of the pradhan's post in three villages in Gorakhpur district of Uttar Pradesh.

A two-judge bench comprising Justice M C Tripathi and Justice S S Shamshery passed the order dismissing the petition filed by Paramatma Nayak and two others of Gorakhpur district regarding the posts in Chawariyan Bujurg, Chawariyan Khurd (Kauri Ram block) and Mahavar Kol (Brahmpur block) of the district.

Bipin Behari Pandey, Chief Standing Counsel, raised a preliminary objection regarding maintainability of the writ petition on the grounds that the State Election Commission had on March 26 issued a notification for holding panchayat elections in UP and the court dismissed the petition in view of the constitutional bar contained in Article 243O of the Constitution.

Article 243O states that there is a bar to interference by courts in electoral matters notwithstanding that no election to any panchayat shall be called in question except by an election petition presented to such authority.

The petition was filed with the prayer to issue a direction calling for the records of the case and to quash the final list of reservation dated March 26 notified by the state government in respect of the upcoming panchayat elections as it relates to de-reservation of the office of pradhan shown reserved for Chawariyan Bujurg, Chawariyan Khurd and Mahavar Kol villages in the provisional list.

The petition also wanted directions to be passed calling for the records of the case and to quash the reports submitted by the tehsildar of the concerned area stating that no person of Scheduled Tribe (ST) category is available as well as to set aside the report of the district magistrate submitted to the state government based on the report of the tehsildar concerned of the area.

Considering the objection raised on behalf of the state, the court dismissed the petition.

The bench observed, 'In view of the constitutional bar contained in Article 243O of the Constitution, it would not be appropriate or proper for the Court to entertain the petition, once the electoral process has been initiated. Hence, we decline to exercise our writ jurisdiction under Article 226 of the Constitution on that ground. The writ petition is, accordingly, dismissed.' PTI CORR RAJ HDA