Allowed

Yashveer Singh v. the Union of India and 3 Others

Allahabad HC23 Oct 2019WRIC/25626/2019

Case brief

AI extract

What is this about?

This petition challenged the rejection of the petitioner's candidature due to non-submission of documents within the prescribed time. The Court noted amended guidelines extending the submission period. It directed the Corporation to reconsider the candidature if documents were submitted within two weeks and quashed the impugned order.

What did the court decide?

The writ petition was disposed of; the order dated 23.07.2019 was quashed; the petitioner was directed to submit documents within two weeks for reconsideration of candidature.

Yashveer Singh Vs the Union of India and 3 Others — Property and Title | Allahabad HC (2019)

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Court No. - 1

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Case :- WRIT - C No. - 25626 of 2019

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Petitioner :- Yashveer Singh Respondent :- The Union Of India And 3 Others Counsel for Petitioner :- Diwakar Tiwari Counsel for Respondent :- A.S.G.I.,Anand Prakash Paul,Brij Bhushan Paul,Vikas Budhwar

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Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.

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Heard Sri C.L. Pandey, learned Senior Advocate assisted by Sri Diwakar Tiwari, learned counsel for the petitioner, Sri Vikas Budhwar for respondent nos. 2 & 3, Sri A.P. Paul, learned counsel for respondent no. 4 and perused the record.

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By means of this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 23.07.2019, whereby, the petitioner's candidature has come to be rejected on the ground that the petitioner could not submit the requisite documents in spite of two letters being issued to him, one on 19.06.2019 and the second one on 01.07.2019. The ground taken is that, if within the time prescribed for under the aforesaid letters, the documents are not submitted, the Corporation reserves its rights to cancel the candidature of such candidate.

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Sri Vikas Budhwar, learned counsel for the respondents submits that the guidelines dated 24.11.2018 have now come to be amended and the period of 10 days prescribed for has been amended and after reminder 20 days are further provided as an extended period after the first reminder is sent to the selected candidates to supply the requisite documents. The amended guidelines have been placed before this Court.

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The respondent no. 4, who has also filed counter affidavit, was in fact issued a letter as a consequence to the letter dated 25.07.2019. However, subsequently in view of the amendment in the guidelines, the letter issued to the respondent no. 4 has been withdrawn.

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In such view of the matter, since 20 days time is now extended period after the first reminder as per the new guidelines or amended guidelines, as the case may be, in our considered opinion the respondent no. 4 and he cannot be given any preference over and above the case of the petitioner at the moment.

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Accordingly we are disposing of the writ petition with a

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direction to respondent Corporation to consider the candidature of the present petitioner, if he submits the documents as required by the Corporation under the letter dated 19.06.2019 and reminder letter dated 01.07.2019 within a period of two weeks from today. It is however, made clear that the Corporation shall be at liberty to examine the documents and verify the same and shall proceed only in accordance with law if all the documents are found to be as per norms by the Committee constituted for the said purpose. We make is clear that since the documents are to be presented before the Corporation, the question of online submission of those documents will not arise in the matter.

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With the aforesaid observations and directions, the writ petition is disposed off and the order/ letter dated 23.07.2019 stands quashed.

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Order Date :- 23.10.2019 IrfanUddin

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(Ajit Kumar,J.) (Ramesh Sinha,J.)

Yashveer Singh v. the Union of India and 3 Others

Case brief

What is this about?

What did the court decide?

Yashveer Singh v. the Union of India and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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