Smt. Archana vs State Election Commission And 8 Others on 4 May, 2018
Shri R.C. Singh, learned counsel for the petitioner submitted that the respondent no. 3 never raised any objection against the electoral roll and therefore it is not open for her now to question the same after the election had already been held and result declared. He also submitted that though there is a reference to the application dated 23.2.2017, copy of which has been filed as Annexure-10 to the writ petition but this application for inspection of ballet papers and other documents, was not supported by any affidavit. On this application election papers were summoned by the S.D.M. Saidpur District Ghazipur by order dated 6.3.2017. This order of 6.3.2017 was challenged by the petitioner in W.P. No. 15806 of 2017 (Smt. Archana Vs. State Election Commission), which was disposed of by the High Court by order dated 19.4.2017 with the observation that since the opening of the seal of the election papers pursuant to the order of the S.D.O. dated 6.3.2017 had already been undertaken and the petitioner had not raised any objection at that stage prior to 3.4.2017 and the election petitioner has completed his evidence, therefore, on the submission of the learned counsel for the petitioner that the petitioner therein would file his objections and complete his evidence latest by 27.4.2017, the court declined to interfere with the impugned order dated 6.3.2017 and observed that in case the petitioner failed to file his evidence it would be open for the Election Tribunal to proceed with the matter.