Section 7 in U.P. Kshettra Panchayats (Removal of Disqualification and Settlement of Disputes Relating to Disqualification and Membership) Rules, 1994
7. Manner of raising question under sub-section (2) of Section 14.
(1)If any question arises as to whether a person has been lawfully chosen a member of Kshettra Panchayat or has ceased to remain eligible to be such member, the question shall be referred within thirty days from the date of arising of such question by means of a writ petition by any person who could legally be a candidate at such choosing or whose name is registered as an elector in the electoral roll for the territorial constituency of the concerned Kshettra Panchayat, to the Judge.(2)Every petition under sub-rule (1) shall be presented in person by the petitioner or if there are more signatories to the petition by any one or more of them.(3)A petition presented under sub-rule (1) shall specify the grounds on which the member of the Kshettra Panchayat is alleged to have been wrongly chosen or is alleged to have ceased to remain eligible to be a member and shall contain a summary of the circumstances alleged to justify the dispute being raised on such grounds.(4)A person whose membership is questioned under this rule shall be made a respondent to the petition.(5)Where a relief under clause (b) of sub-rule (6) is claimed every unsuccessful candidate shall also be made a respondent to the petition.(6)A petitioner may claim both or either of the following declarations :(a)that the choosing of a person as member of the Kshettra Panchayat is void, or that the member concerned has ceased to remain eligible for such membership;(b)that the choosing of a person as a member is void and that he himself or any other candidate has been duly chosen.(7)Before the petition is presented an amount of Rs. 100 as security towards the costs of the petition shall be deposited in the Government Treasury or the State Bank of India. Every petition shall be accompanied by a receipt showing that the aforesaid security has been deposited. There shall be paid on every petition made under Rule 6 a fee of Rs. 75 in Court-fee stamps.(8)When in any petition it is claimed that the petitioner or any other candidate be declared to have been duly chosen in place of the returned candidate any respondent may give evidence against such claim as if he had presented a petition against the choosing of the person in whose favour the claim is made.(9)The petition shall be heard at the headquarters of the district in which the Kshettra Panchayat is situate.(10)The petition may be withdrawn within seven days of its presentation by the petitioner or the petitioners, as the case may be, by making an application to the Judge stating the intention to withdraw.
