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2025 Supreme(All) 3113

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANISH KUMAR NIGAM
Jyoti Singh – Appellant
Versus
Geeta Devi – Respondent


Advocates Appeared:
For the Appellants : Ashish Kumar Singh, Rakesh Kumar Srivastava
For the Respondents: Dharnidhar Pandey, Kamal Kumar Singh, Ram Karan, Sudhir Kumar Mishra

JUDGMENT :

MANISH KUMAR NIGAM, J.

1. Heard Shri Ashish Kumar Singh and Shri Rakesh Kumar Srivastava, learned counsel for the petitioner, Shri Dharnidhar Pandey, Shri Kamal Kumar Singh, Shri, Ram Karan, Shri Sudhir Kumar Mishra, learned counsel for the respondents and perused the record.

2. This petition has been filed challenging the order dated 14.12.2023 passed by District Judge, Basti in Election Petition No. 1 of 2022 rejecting the application filed by the petitioner under Order 7 Rule 11 C.P.C. for rejection of the election petition.

3. Brief facts of the case are that election for the post of member of Zila Panchayat was held on 29.04.2021. Counting was done on 02.05.2021. The petitioner contested the election for member of Zila Panchayat for Ward No. 41 and in the counting held on 02.05.2021, the petitioner was declared elected as member from Ward No.41. Respondent no. 1 also contested the election for Ward No. 41 but was unsuccessful. Respondent no. 1 filed election petition no. 1 of 2021 under Section 27 of U.P. Kshetra Panchayat and Zila Panchayat Act, 1961 (hereinafter referred to as the “Act of 1961”) before the judge as provided under Section 27 of the Act of 1961 on 3

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