Disposed

Arya Samaj Gandhi Nagar Basti and Another v. State of U.P. and 3 Others

Allahabad HC13 Jan 2022SPLA/362/2021

Case brief

AI extract

What is this about?

Special appeal arising from rejection of writ petition challenging election result. Allowance granted to appellants to file objection before competent election authority within two months. Appeal disposed without expressing opinion on merits.

What did the court decide?

Liberty granted to appellants to file objection to election before competent authority within two months with hearing;

Arya Samaj Gandhi Nagar Basti and Another Vs State of U.P… — Election Law | Allahabad HC (2022)

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Court No. - 45

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Case :- SPECIAL APPEAL No. - 362 of 2021

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Appellant :- Arya Samaj Gandhi Nagar Basti And Another Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Ramanand Pandey,Pardeep Narayan Pandey Counsel for Respondent :- C.S.C.,Madhup Narain Shukla

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Hon'ble Manoj Misra,J. Hon'ble Sameer Jain,J.

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The Court has been addressed through video conferencing.

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We have heard Sri Pradeep Narayan Pandey for the appellants; the learned Standing Counsel for the respondents 1 and 2; and Sri Madhup Narain Shukla for the respondent no.3.

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Considering the nature of the order that we propose to pass, we do not deem it necessary to issue notice to the third respondent.

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The appellants had filed Writ-C No.29361 of 2021 with multiple prayers. The first prayer was to quash the result of the election dated 22.08.2021; the second was to direct the second respondent in the writ petition to decide the petitioners' representation dated 04.10.2021 taken in respect of the election; the third was to direct the fourth respondents not to interfere in the peaceful functioning of the petitioners; and the last prayer was for any other relief which the court may deem appropriate to grant.

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By the impugned judgment and order dated 09.11.2021, the learned Single Judge dismissed the writ petition by observing that the prayer of the writ petitioners to quash the result of the election is misconceived and the same cannot be accepted in writ jurisdiction. While dismissing the writ petition, the learned Single Judge noticed the objection taken by the learned Standing Counsel that the petitioner may file an objection before the appropriate authority in respect of the election.

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The grievance of the appellants is that as the appellants had already taken an objection and had prayed for a direction upon the second respondent to decide the objection, the learned Single Judge ought not to have dismissed the petition as misconceived but should have accepted the second prayer of the writ petitioners and issue direction upon the second respondent to take a decision on the objection taken by the petitioners to the election result.

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The aforesaid submission of the learned counsel for the

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appellants appears reasonable.

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At this stage, the learned counsel for the respondent no.3 stated that the second respondent may not be the appropriate authority to decide the objection as the Society might not have been registered within his jurisdiction.

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Be that as it may, we dispose off this appeal by giving liberty to the appellants to file their objection to the election before the appropriate authority (i.e. the Assistant/Deputy/Registrar concerned). If any such objection is taken by the appellants, an appropriate decision shall be taken thereon in accordance with law, after giving opportunity of hearing to the parties concerned. It is expected that the aforesaid exercise shall be completed expeditiously, preferably, within a period of two months from the date of filing the objection along with copy of this order in the office of the appropriate authority.

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It is made made clear that we have not expressed any opinion on the merits of the objection taken by the appellants.

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The appeal stands disposed off .

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Order Date :- 13.1.2022 AKShukla/-

Arya Samaj Gandhi Nagar Basti and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Arya Samaj Gandhi Nagar Basti and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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