Writ petition sought an opportunity to raise a threshold legal objection regarding the bar on filing an election petition under specific social justice legislation. The petition was disposed of as withdrawn.
Writ petition disposed of as withdrawn; liberty reserved to raise corresponding ground in presence Court below.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WP227 No. 57 of 2016
---- Petitioner
Versus
---- Respondents
For Petitioner : Shri Parag Kotecha, Advocate For respondent 3/State : Shri S.C. Khakharia, Dy. Advocate General
Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board
25/01/2016
the petition as it is barred by law on this point, learned counsel for the petitioner prays that he be given an opportunity to raise the issue before the Court below in an additional interim application under Order 7 Rule 11 of the C.P.C. for the applicability of above provisions with a prayer that the Election Petition is also barred by above provisions of law. He further submits that while deciding the said application appreciation by the trial Court vide order dated 4.1.2016 shall not come in the way.
Sd/-
(Chandra Bhushan Bajpai) Judge
sunita
1 issue framed by the court
Whether the election petition is barred under Section 16 of the Adhiniyam 2013.
3 provisions across 2 enactments
Smt Babita Balmiki
Amrika Bai
Koushalya Chouhan
Zila Nirvachan Adhikari, Korba
Maheshwari Chouhan
Chandra Bhushan Bajpai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
