Lokendra Singh vs State Of U. P. - 2023 Supreme(All) 12

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 12

SAURABH SHYAM SHAMSHERY
Lokendra Singh – Appellant
Versus
State Of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Kshitij Shailendra, Sandeep Kumar
For the Respondent: Ajay Dubey, Kamini Pandey (Dubey)

JUDGMENT :

1. Petitioner is a returned candidate (Pradhan) wherein Respondent-3 (Election Petitioner) was a runner up in election and the margin of victory was 16 votes.

2. Election petitioner filed an election petition under Section 12-C of U.P. Panchayat Raj Act, 1947 (hereinafter referred to as “Act, 1947), however, it was not supported by an affidavit of election petitioner though it was filed in his presence. Petitioner submitted written submission with specific assertion that election petition was liable to be rejected being filed without any affidavit of election petitioner.

3. On the basis of pleadings in election petition, Election Tribunal framed 18 issues and Issue No. 15 relates to effect of non filing of affidavit in support of election petition.

4. Petitioner filed preliminary objection to consider and decide Issues No. 11, 12, 13, 15 and 16. However, objections were rejected vide order dated 21.04.2022 passed by Election Tribunal that election petition was listed for evidence, therefore, objections are not maintainable.

5. At this stage, petitioner approached this Court by filing Writ-C No. 13760 of 2022 which was disposed of vide order dated 16.05.2022 with direction to