Writ petition to quash election result set aside. Court held issue of candidate eligibility must be adjudicated in pending election petition before District Judge. Petitioner directed to move appropriate application to expedite trial.
Petition dismissed; petitioners directed to file application for expediting election petition before District Judge.
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Court No. - 39
Case :- WRIT - C No. - 19378 of 2018
Petitioner :- Nikhat Bano Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Birendra Singh,Pradeepta Kumar Shahi Counsel for Respondent :- C.S.C.,Kaushlesh Pratap Singh,Sant Ram Sharma
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
The petitioner, who had contested the election of Nagar Palika Parishad, Hamirpur for Ward No. 23 has filed this petition for quashing the result of respondent no. 6 who was elected as the said respondent was not eligible to participate in the election.
It transpires that the petitioner has filed an election petition before District Judge, Hamirpur on 23 December 2017, which is said to be pending.
The issue regarding eligibility of respondent no. 6 to contest the election can be raised in the said election petition. The Court, therefore, declines to entertain this writ petition.
Learned counsel for the petitioner, however, submitted that a direction may be issued for expediting the hearing of the election petition.
It is for the petitioner to move an appropriate application before the District Judge concerned for expediting the hearing of the election petition.
The petition is, accordingly dismissed with the said observation.
Order Date :- 28.5.2018 Arvind
(Dilip Gupta, J.)
(Neeraj Tiwari, J.)
2 issues framed by the court
Whether High Court should quash election result pending election petition regarding candidate eligibility
Whether direction for expediting electoral petition should be issued by High Court
Nikhat Bano
State Of U P
5 Others
Dilip Gupta
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
