HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- SPECIAL APPEAL No. - 643 of 2015 Appellant :- Smt. Girja Respondent :- Smt. Sarla Devi And 16 Others Counsel for Appellant :- Hira Lal Yadav,Sunil Kumar Hon'ble Arun Tandon,J.
Hon'ble Shashi Kant,J.
This special appeal is directed against the judgment and order of the Hon'ble Single Judge dated 19.8.2015 passed in Writ Petition No. 46493 of 2015. The writ petition was filed against the order of the Election Tribunal i.e. District Judge, Etah in Election Petition No. 1/12 (Sarla Devi Vs. Girja and others).
In view of the language of Chapter-VIII Rule-5 of Allahabad High Court Rule, we have no hesitation to record that this appeal is not maintainable as it arises out of an order of the Hon'ble Single Judge, passed in proceedings in exercise of power under Section 226 of the Constitution of India, whereunder the order of the Election Tribunal was challenged. Therefore, the appeal is dismissed as being not maintainable.
Election Tribunal have been held to be Special Tribunal by the Apex Court in the case of K.K.Velusamy Vs. N.Palanisamy, Civil Appeal No. 2795/2796 of 2011.
Order Date :- 10.9.2015 Ashish Pd.