The petitioner filed a second writ petition under Article 227 challenging a District Judge's order in an election petition. The court dismissed the petition as unwarranted, noting no liberty had been granted for a fresh petition.
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Court No. - 42
Case :- MATTERS UNDER ARTICLE 227 No. - 979 of 2020
Petitioner :- Sri Prafull Saraswat Respondent :- Sri Mahesh Singh And 18 Others Counsel for Petitioner :- Taniya Pandey Counsel for Respondent :- C.S.C.,Anoop Singh,Ashok Kumar Singh,Vivek Saran
Hon'ble Mrs. Sunita Agarwal,J.
Short counter affidavit filed today is taken on record.
Heard Ms. Taniya Pandey learned Advocate for the petitioner, Sri Vivek Saran learned Advocate for the respondent/State Election Commission and Sri Ashok Kumar Singh learned Advocate for the respondent no. 1.
This is the second petition under Article 227 of the Constitution of India filed against the order dated 12.2.2019 passed by the District Judge, Hapur in Election Petition No. 2 of 2017, whereby the application no. 74C dated 19.12.2018 of the petitioner under Order VII Rule 11 readwith Order XII Rule 6 and Order VI Rule 16 CPC has been rejected.
The said order was subject matter of challenge in a petition namely Matters under Article 227 No. 1273 of 2019 (Sri Prafull Saraswat vs. Sri Manish Singh And 18 Others), which has been dismissed on 25.3.2019 as withdrawn.
No liberty has been granted to the counsel appearing for the petitioner to file a fresh petition under Article 227 of the Constitution of India.
The present petition is, accordingly, dismissed being second petition for the same relief.
Order Date :- 27.2.2020 Brijesh
Prafull Saraswat
Mahesh Singh
Sunita Agarwal
As recorded by the court registry
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