Disposed

Prabhu Nath Tiwari v. Union of India Thru. Secy. Mini. of Home Affairs New Delhi and 3 Others

Allahabad HC24 Oct 2024WPIL/923/2024

Case brief

AI extract

What is this about?

High Court Bench at Lucknow issued orders in a PIL regarding casual vacancies and pending election petitions. The Court directed the Election Commission and Union of India to file counter affidavits within two weeks and fixed a fresh hearing date.

What did the court decide?

Counter affidavit to be filed by Election Commission and Union of India within two weeks; case listed fresh on 12.11.2024.

Prabhu Nath Tiwari vs Union of India Thru. Secy. Mini. of… — Election Law | Allahabad HC (2024)

¶1

Court No. - 1

¶2

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 923 of 2024

¶3

Petitioner :- Prabhu Nath Tiwari

¶4

Respondent :- Union Of India Thru. Secy. Mini. Of Home Affairs New Delhi And 3 Others

¶5

Counsel for Petitioner :- Prabhat Kumar Upadhyay,Rama Shankar Mishra

¶6

Counsel for Respondent :- A.S.G.I.,Avinash Singh Vishen,C.S.C.,Rohit Tripathi

¶7

Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J.

¶8

Notice on behalf of Union of India has been accepted by Sri S.M. Singh Royekwar learned counsel who has filed memo of appearance on his behalf.

¶9

Heard learned counsel for the petitioner, Sri S.M. Singh Royekwar learned counsel for the Union of India, Sri Akarsh Asthana holding brief of Sri Rohit Tripathi learned counsel for the opposite party no. 4 and Ms. Isha Mittal, learned Additional Chief Standing Counsel for the State.

¶10

The precise question that arises in the present writ petition is to the effect that as to whether two election petitions which are pending before this Court relating to the vacancy in question shall be an impediment as to the occurrence of casual vacancy when the relief sought in the election petitions does not result into filing up of the same and particularly when the elected candidate has also resigned and his resignation having been accepted has virtually caused the vacancy.

¶11

The matter requires consideration.

¶12

Let a counter affidavit be filed by the election

¶13

commission as well as Union of India positively within two weeks.

¶14

A copy of the counter affidavit as directed to be filed within the aforesaid period may be served to learned counsel for the petitioner within the same period so that the rejoinder affidavit, if any, may be filed by the petitioners within three days from the date of service of the counter affidavit.

¶15

List/put up on 12.11.2024, as fresh.

¶16

Let the name of Sri S.M. Singh Royekwar learned counsel be shown in the cause list as counsel for the Union of India when the case is listed next.

¶17

(Subhash Vidyarthi, J.) (A.R. Masoodi, J.)

¶18

Order Date :- 24.10.2024 kanhaiya

¶19

Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Prabhu Nath Tiwari v. Union of India Thru. Secy. Mini. of Home Affairs New Delhi and 3 Others

Case brief

What is this about?

What did the court decide?

Prabhu Nath Tiwari v. Union of India Thru. Secy. Mini. of Home Affairs New Delhi and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ajeet Singh and 3 Others vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Medical,Health and Family Welfare Lko. and 2 Others

State of U.P. Thru. Its Secy. Agriculture Deptt. Lko. and 5 Others vs Anand Swaroop Sharma and 2 Others

Devi Pal vs State of U.P. Thru. Its Addl. Secy. Cheif Revenue Lko. and 12 Others

State of U.P. Thru. Secy. Agriculture Deptt. Lko. and 6 Others vs Shiv Lal and 3 Others

U.P. State Road Transport Corporation Lucknow Thru M.D. and Anr. vs Mazhar Ali and Ors.

U.P.Anusuchit Jati Prathmik Vidyalay Shikshak Asstt. Lko Thru.Gen.Secy.Ramanand Vishwakarma and Anr. vs State of U.P. Thru. Prin. Secy. Basic Education Civil Secrt. Lko. and Others