Gayatri Devi vs Avinash Singh Yadav Prescribed ...
2023 Latest Caselaw 27559 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:192430
 
Court No. - 9
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5296 of 2023
 
Applicant :- Gayatri Devi
 
Opposite Party :- Avinash Singh Yadav Prescribed Authority
 
Counsel for Applicant :- Dinesh Kumar Misra,Indra Pal Yadav
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Avinash Singh Yadav, Sub-Divisional Magistrate, Tehsil Koraon, District Prayagraj is present in the Court today who is identified by Sri I.B.Singh, learned Standing Counsel.

A personal affidavit of the officer has been filed today, which is taken on record.

Earlier a compliance affidavit was filed by the said officer and the Court found that the order passed on 26th September, 2023 did not contain the date whereby the election petition filed under Section 12-C of the U.P. Panchayat Raj Act, 1947 was dismissed for non prosecution.

From perusal of the affidavit filed today it transpires that in the earlier order sheet, the order passed on 26.09.2023 was not endorsed and endorsement was made subsequently. However, on 29.9.2023 restoration application was moved by both the parties for recalling the order dated 26.9.2023. On the same day, the officer had recalled the order and posted the matter for 30th September, 2023. On 30th September, 2023, judgment has been reserved in the matter.

Sri I.B.Singh, learned Standing Counsel informs the Court that the mater would be decided within a week.

In view of the said fact, as the election petition has been restored to its original number and hearing has concluded and thereafter judgment has been reserved, the contempt proceedings against the officer concerned is hereby dropped. The Court let him off with the warning that he should remain cautious in future and should property maintain the order sheet while dealing with the election petition matters.

In view of the said fact, the application stands disposed of.

Order Date :- 6.10.2023

Kushal