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2014 DIGILAW 272 (UTT)

RAJESH v. STATE OF UTTARAKHAND

2014-07-08

ALOK SINGH

body2014
JUDGMENT Hon’ble Alok Singh, J (Oral). Mr. Arvind Vashisht, learned counsel appearing for the petitioner while taking me to Section 18-C of the U.P. Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961, has vehemently argued that person, who has not completed the age of 21 year, will not be qualified to be elected as a member or office bearer of Zila Panchayat. 2. He further contends that date of birth of respondent no. 3 is 05.05.1995, therefore, she is less than 21-year of age and is disqualified to become a member or office bearer of Zila Panchayat, as per proviso of Section 18-C of the Act. He further contends that respondent no. 3 had wrongly contested the election of Member of Zila Panchayat and was wrongly elected as member of Zila Panchayat, despite the fact that she was below 21 years. He further contends that in view of proviso of Section 18-C of the Act, respondent no. 3 cannot participate in the election of Chairman of Zila Panchayat. 3. Mr. Arvind Vashisht, Advocate for the petitioner, fairly submits that election of respondent no. 3 on the post of member of Zila Panchayat is under challenge in Election Petition filed under Section 27 of the Act. 4. In view of the pendency of Election Petition finding of fact is yet to be recorded, as to whether respondent no. 3 was below 21-year of age, at the time of election of member of Zila Panchayat. Respondent no. 3, if allowed to participate in the election of Chairman of Zila Panchayat and is elected as Chairman, her election on the post of Chairman can also be challenged in view of proviso to Section 18-C of the Act. Therefore, petitioner has alternative efficacious remedy for redressal of his grievance. 5. In view of the above, I am not inclined to entertain this petition, therefore, petition is dismissed. Petitioner, if so advised, may approach appropriate forum for redressal of his grievance. 6. CLMA No. 7151 of 2014 also stands disposed of.