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2015 Supreme(All) 4054

RAJAN ROY
Shabana Khatoon – Appellant
Versus
District Election Tribunal/District Judge – Respondent


Advocates Appeared:
For the Petitioner:- Ram Raj, Rajendra Nath and Ravi Singh, Advocates.
For the Respondent:- Manish Kumar, Apoorva Tiwari, Mahendra Pratap Singh, RBS Rathaur and S Irfan Ahmad, Advocates.

JUDGMENT

Rajan Roy, J. –

Heard learned counsel for the parties.

2. This is a writ petition challenging inter alia the decision dated 09.05.2013 passed by the District Judge, Ambedkar Nagar allowing the Election Petition No. 04 of 2012 filed by the opposite party no. 2 declaring the election of the petitioner as President of Municipality, Asharafpur Kichhauchha, District Amebedkar Nagar as illegal. An order dated 08.05.2013 rejecting the application of the petitioner for adjournment and closing his evidence; another order dated 09.05.2013 rejecting the application for recall of the order dated 08.05.2013; another order dated 09.05.2013 rejecting the application for adjournment of the proceedings of the election petition till the hearing of the S.L.P. have also been challenged.

3. The case has a chequered history, it is, therefore, necessary to narrate relevant facts, which are as under.

4. The petitioner herein was elected as President of the aforesaid Municipality on 07.07.2012. On 27.07.2012, the opposite parties filed an election petition bearing No. 04 of 2012, under Section 19 of the U.P. Municipalities Act, 1916(hereinafter referred as the 'Act, 1916') assailing the election of the















































































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