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2024 Supreme(All) 880

DINESH PATHAK
Shahnawaz Ali – Appellant
Versus
Election Tribunal District Judge Muzaffarnagar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ravi Anand Agarwal, Shreya Gupta
For the Respondent: Vivek Kumar Singh

JUDGMENT :

Hon'ble Dinesh Pathak, J.

1. Heard Ms. Shreya Gupta, learned counsel for the petitioner, Shri Vivek Kumar Singh, learned counsel for the respondent no.2 and perused the record on board.

2. Petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India assailing the order dated 03.7.2023 passed by District Judge, Muzaffarnagar whereby election petition filed on behalf of respondent No.2 under section 20 of the Uttar Pradesh Municipalities Act, 1916 (in brevity ‘Act, 1916’.) has been admitted and ordered to be registered as well as, simultaneously, notices were ordered to be issued to the defendant Nos. 2 to 11.

3. Facts culled out from the record are that election of Nagar Palika Parishad, Khatauli, District Muzaffarnagar was held on 04.5.2023 in pursuance of the notification promulgated on 09.4.2023. The present petitioner has been declared successful as President of Nagar Palika Parishad. Having been aggrieved with the result of the election declared on 13.5.2023, respondent No. 2 has filed an election petition on 09.06.2023 under Sections 19 and 20 of Act, 1916. Aforesaid election petition was filed during summer vacation

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