Dharmraj vs State Of U.P. And 18 Others
2023 Latest Caselaw 2230 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - C No. - 1619 of 2023
 

 
Petitioner :- Dharmraj
 
Respondent :- State Of U.P. And 18 Others
 
Counsel for Petitioner :- Rakesh Kumar,Udai Chandani
 
Counsel for Respondent :- CSC
 

 
Hon'ble Saurabh Shyam Shamshery,J.

After arguing for some time, Sri Udai Chandani, learned counsel for petitioner and Sri Mahendra Yadav, learned counsel for respondent No.6 fairly submit that since while passing final order dated 05.12.2022, election petition filed by respondent No.6 has been disposed of as word used is "?????????".

Therefore, in light of judgment passed by coordinate Bench at Lucknow in the case of Parshuram vs. State of U.P. through Additional Chief Secretary and others, Matters under Article 227 No. 31424 of 2021 decided on 23.12.2022, similar circumstances have been held that "The Prescribed Authority on finally deciding an election petition becomes functus officio and cannot pass any order subsequent thereto even if the election petition has been decided finally calling for the recounting of votes".

Therefore, while setting aside impugned order dated 05.12.2022, this writ petition is disposed of with a direction that matter is remanded back to Election Tribunal for fresh consideration and learned Tribunal shall pass a fresh order, in accordance with law, preferably within a period of four weeks from today.

Order Date :- 20.1.2023

Nirmal Sinha