Mindal Devi vs State Of U.P. And 16 Others
2023 Latest Caselaw 6239 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - C No. - 6567 of 2023
 

 
Petitioner :- Mindal Devi
 
Respondent :- State Of U.P. And 16 Others
 
Counsel for Petitioner :- Hanuman Deen Verma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Petitioner is a returned candidate and is aggrieved that a revision petition filed by the election petitioner was allowed and the matter was remanded back for fresh consideration by the impugned order.

Learned counsel for petitioner submits that since election petitioner has failed to point out any irregularity and there was no material fact in the election petition requires consideration, therefore, Prescribed Authority has rightly dismissed the election petition and however the revisional authority in a very cursory manner set-aside the said order and remanded to the Prescribed Authority for fresh consideration.

After arguing for sometime, learned counsel for petitioner submits that this writ petition may be disposed of with clarification that Prescribed Authority will also seek evidence of both parties and decide the matter afresh on merit without being influenced by any of the observations made by revisional authority.

Considering the above submissions, and without interfering with the impugned order, this writ petition is disposed of with observation that Prescribed Authority will also call for oral evidence from the parties and only thereafter will decide issues framed, in accordance with law, without being influenced by any observations made in the impugned order passed by revisional authority.

Prescribed Authority will also take note of the judgment passed by Division Bench judgment of this Court in Writ-C No.14277 of 2016, Mrs. Anita Devi Vs. Prescribed Authority, Panchayat Raj & Ors, decided on 31.3.2016, wherein general mandamus was issued for expeditious disposal of election petition and the Government Order dated 6.7.2016 issued in pursuance thereof.

Order Date :- 27.2.2023

SB