Jokhu Prasad vs State Of U.P. And Others on 25 January, 2010

[Cites 0, Cited by 1]

Allahabad High Court

Jokhu Prasad vs State Of U.P. And Others on 25 January, 2010

Bench: V.K. Shukla

                                                                      1

                                                            Court No.21


            Civil Misc. Writ Petition No.42889 of 2009
                           Jokhu Prasad
                               Versus
                      State of U.P. and others

                          Connected with

            Civil Misc. Writ Petition No.46046 of 2009
                           Rakesh Singh
                               Versus
                      State of U.P. and others

Hon'ble V.K. Shukla, J.

Civil Misc. Writ Petition No.42889 of 2009 has been filed questioning the validity of the meeting which was to be held in pursuance of the order dated 08.08.2009 issued by the District Panchayat Raj Officer. On presentation of writ petition this Court had passed following order:

"Learned Standing Counsel? has accepted notice for the respondents no. 1 to 3.

Sri H.K. Shukla has put in appearance on behalf of Sri Rakesh Singh, Caveator. If he is so advised, he may file an application for impleadment along with counter affidavit.

Learned Standing Counsel may also file counter affidavit within two weeks. The petitioner shall have three days to file rejoinder affidavit. List on 7.9.2009.

Till that date, although the meeting scheduled to be held on 23.8.2009 shall take place but the effect of the resolution passed on that date shall not be given till 7.9.2009."

Civil Misc. Writ Petition No. 46046 of 2009 has been filed for declaration of result of no confidence motion.

Since common controversy is involved in the aforesaid two writ petitions, as such both of them have been taken up together for hearing and disposal with the consent of the parties.

On the matter being taken up today, the parties to the dispute have confined their arguments only on this aspect of the matter as to whether on 23.08.2009 election had taken place or not.

Sri Vivek Saran, Advocate, contended with vehemence that no election had taken place and for this purpose reliance has been placed by him,on the statement of fact mentioned by the District Panchayat Raj Officer in paragraph 9 of the counter affidavit filed by him in writ petition No.42889 of 2009.

Sri Balwant Singh, Advocate, on the other hand, contended that the elections had taken place and the records were sealed.

As there was claim and counter claim and entire matter was hinging round the fact as to whether the elections had taken place or not, original record had been summoned and the same has been produced by the learned Standing Counsel.

The record in question reflects that elections were held on 23.08.2009, wherein voting had taken place and thereafter entire records were sealed and they are lying with the authority concerned in the office of the District Magistrate.

Once such a factual position has emerged that voting had taken place on the date fixed and sealed records are lying with the District Magistrate, in this background parties to the dispute have agreed that the counting be done and result be declared, accordingly.

Consequently, writ petitions are disposed of with the direction that the counting of the election, which had taken place on 23.08.2009, be done and the results of the same be declared accordingly.

No order as to costs.

25.01.2010.

SRY 3

Unlock Advanced Research with PRISMAI

Allahabad High Court