AO/458/2022
2023 Latest Caselaw 2862 UK

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                                  AO No.458 of 2022
                                  Hon'ble Vivek Bharti Sharma, J.

Present A.S. Rawat, senior counsel assisted by Mr. Vipin Singh, counsel for the appellant.

2. Present Mr. Sanjay Bhatt, counsel for respondent nos.2 to 4.

3. Present Mr. Nagesh Aggarwal, counsel for respondent no.5.

4. Counsel for respondent no.5 would submit that as per the judgment of Hon'ble Supreme Court in "Shaji K. Joseph vs. V. Viswanath & Ors." (2016) 4 SCC once the process of election has started, it should not be stopped.

5. Counsel for respondent nos.2 to 4 would also reiterate the same and would refer the judgments of the Hon'ble Supreme Court in "N.P. Ponnuswami vs. The Returning Officer vs. other", (1952) 1 SCC 94 and "Mohinder Singh Gill Vs. Chief Election Commissioner, New Delhi" (1978) 1 SCC 405 which says that once the process of election has started, the same should not be stopped.

6. Per contra, Senior Counsel appearing for the appellant would submit that the present appeal is not against the process of election whatsoever and it is not filed on the point that the candidature of the appellant has been wrongly rejected, but it is against the judgment of the District Judge holding the election of appellant invalid and declaring the post of Member Zila Panchayat, Block- Jaunpur, District Tehri Garhwal, Ward No.15 Bisthaunsi vacant. Hence, these judgments would not be applicable in the present set of facts and circumstances.

7. Counsel for the respective parties pray for adjournment to apprise themselves with the latest position of law on the points and arguments being submitted by them and place it before the Court.

8. Put up on 27.09.2023.

(Vivek Bharti Sharma, J.) 26.09.2023 BS