Held the petitioner's writ petition assailing a transfer order during the election period. Listed for future hearing to verify compliance with election commission approval norms.
Listing of the case for future hearing to verify facts regarding election commission permission.
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Court No. - 4 Case :- WRIT - A No. - 6356 of 2024 Petitioner :- Arun Kumar Chaturvedi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Rural Devlpt. Deptt. Lko And 2 Others Counsel for Petitioner :- Vijay Kumar Yadav Counsel for Respondent :- C.S.C.,Rakesh Kumar Chaudhary
Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Vijay Kumar Yadav, learned counsel for the petitioner, Sri Gaurav Vishwakarma, learned Advocate holding brief of Sri R.K. Chaudhary, learned counsel for the opposite party No.2 and Sri Sudhir Kumar Singh, learned Standing Counsel for the State-opposite parties.
2. By means of this writ petition, the petitioner has assailed the impugned transfer order dated 02.08.2024, passed by the opposite party No.4, only on single ground to the effect that in a currency period of election notification which was issued on 16.07.2024 regarding election of Members of Zila Panchayat/ Kshetra Panchayat/ Gram Pradhan/ Gram Panchayat etc. in the district Ambedkar Nagar (Annexure No.5). The election concluded on 08.08.2024, therefore on or before 08.08.2024, no transfer order can be passed by the District Development Officer, Ambedkar Nagar without seeking prior approval/ permission from the State Election Commission/ the District Election Officer. The impugned transfer order says that prior permission from the Chief Development Officer has been sought. Though, the impugned order itself says that no permission has been sought from the State Election Commission/ Election Officer of the District but so as to verify the aforesaid fact, learned counsel for the Election Commission is given two days time to seek specific instructions on that point.
3. Sri Sudhir Kumar Singh, learned Standing Counsel may also seek instructions on the aforesaid point.
4. List this case on 13.08.2024 as fresh.
5. On that date, this case may be taken up after fresh cases.
[Rajesh Singh Chauhan,J.]
Order Date :- 9.8.2024 Suresh/
Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the impugned transfer order passed during the currency of an election in Ambedkar Nagar district without prior approval from the State Election Commission be set aside.
Arun Kumar Chaturvedi
State Of U.P. Thru. Addl. Chief Secy. Rural Devlpt. Deptt. Lko And 2 Others
Rajesh Singh Chauhan
As recorded by the court registry
3 orders share this CNR
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