Tairun vs State Of U.P. And 8 Others
2023 Latest Caselaw 5611 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - C No. - 2630 of 2023
 

 
Petitioner :- Tairun
 
Respondent :- State Of U.P. And 8 Others
 
Counsel for Petitioner :- Munna Tiwari
 
Counsel for Respondent :- C.S.C.,Dileep Kumar Srivastava
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Petitioner before this Court is a returned candidate who is aggrieved that amendment application filed by election petitioner in election petition was allowed by a single line order without hearing petitioner and without any reasoned order on order-sheet.

A report was sought by this Court whereby Prescribed Authority has communicated that since there was a direction of this Court to expedite hearing of election petition, after hearing parties, order was passed, however, it was not endorsed on order-sheet due to clerical mistake.

Sri Munna Tiwari, learned counsel for petitioner submits that valuable right of petitioner has been declined as without hearing him and without any reasoned order, amendment has been allowed which has prejudiced the case of petitioner.

Sri Dileep Kumar Srivastava, learned counsel for respondent submits that proposed amendment was only in regard to clerical mistake which has not changed the nature of election petition and no prejudice is caused to petitioner. However, he further submits that after impugned order, amendment has already been carried out and matter was fixed for final hearing.

Considering above submissions and taking note of report, it appears that Sub Divisional Magistrate has rushed to pass an unreasoned impugned order whereby amendment application was allowed by a single line order which is not only irregularity but an illegality.

Therefore, order passed on amendment application is set aside and matter is remanded back to Election Tribunal with a direction to pass a fresh order on amendment application after hearing the parties and taking note of judgment passed by Supreme Court in Life Insurance Corporation of India vs. Sanjeev Builders Private Ltd., 2022 SCC Online SC 1128 within a period of seven days from today and thereafter proceed with election petition and disposed of the same expeditiously, as directed earlier by this Court.

Petition stands disposed of with aforesaid observation.

Order Date :- 20.2.2023

Nirmal Sinha