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SHANTI DEVI versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Shanti Devi v. State Of U.P. And Others - WRIT - A No. 70590 of 2005 [2005] RD-AH 5901 (17 November 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON. ARUN TANDON, J.

Petitioner, who was admittedly selected and was working as Angan Bari Worker, submitted a resignation letter, as  she was interested in contesting the Panchayat Election. The aforesaid resignation was submitted by the petitioner in view of the Government Order dated 2.8.2005 whereby it was provided that an Angan Bari Worker cannot contest the Panchayat Election, as she was enjoying an office of profit under the State of U.P..

It is not in dispute that petitioner, after resignation, admittedly contested the election and, as stated by the counsel for the petitioner, she has lost the election. Having lost the aforesaid election, the petitioner has now come up with a plea that the Government Order restricting the participation of the Angan Bari Worker from contesting the Panchayat Election is legally not justified.

In the opinion of the Court, such a plea cannot be permitted to be raised by the petitioner after she has contested the election, on the principles of estopple and acquiescence.

Writ petition is, accordingly, dismissed.      

17.11.2005

Pkb/70590


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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