WPMS/2006/2021
2021 Latest Caselaw 3842 UK

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                                      WPMS No.2006 of 2021
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Sandeep Kothari, Advocate for the petitioner.

Mr. Anil Dabral, Addl. C.S.C. for the State of Uttarakhand.

As against allowing of the election petition being Election Petition No.5 of 2018 by the judgment of 22.07.2021, the election of the returned candidate Mr. Hamid Ali of the Nagar Panchayat, was declared to be bad and consequently, a vacancy was created. But, however the said judgment rendered by the Election Tribunal on 22.07.2021; had been made as a subject matter of writ petition being Writ Petition (M/S) No.1595 of 2021, Hamid Ali vs. Akram Khan and others, in which the Coordinate Bench, who is seized with the jurisdiction under Article 227 of the Constitution of India, had invited the counter affidavit from respondents of the said writ petition.

In the present writ petition, the petitioner has come up with case, that since as a consequence of the judgment of 22.07.2021, the vacancy has been created, it was the responsibility of the State who ought to have notified the vacancies, to be filled in while exercising its powers under Section 44-A of the U.P. Municipalities Act of 1916.

This Court is of the view that though the petitioner might have been a plaintiff, whose election petition has been allowed, but if at all any mandamus is issued with the directions, to the respondent to comply with the provisions of Section 44-A of the U.P. Municipalities Act of 1916, the returned candidate, Hamid Ali, who was an opposite party may have an adverse effect over his right, which is now a subject matter of challenge in the writ petition, preferred under Article 227 of the Constitution of Indian at his behest.

While directing the petitioner to implead the returned candidate, whose election has been declared to be null and void, as a party respondent to the writ petition, list this writ petition alongwith the pending Writ Petition (M/S) No.1595 of 2021.

(Sharad Kumar Sharma, J.) 23.09.2021 Arti