Court No. - 23
Case :- WRIT - C No. - 25741 of 2018 Petitioner :- Gajraj Respondent :- Kamla Shankar And 11 Others Counsel for Petitioner :- Alok Kumar Yadav,Jigyasa Singh Counsel for Respondent :- Awadhesh Kumar Malviya
Hon'ble Salil Kumar Rai,J.
The present petition has been preferred challenging the orders dated 15.12.2017 passed by the Election Tribunal in Election Petition No. T2016166705627 of 2016 (Kamla Shankar Vs. Gajraj & others) and order dated 18.7.2018 passed by the District Judge, Bhadohi, Gyanpur in Revision No. 05 of 2018 (Gajraj Vs. Kamla Shankar and others).
The petitioner is the elected Gram Pradhan of the village and the Election Petition No. T2016166705627 of 2016 was filed by the respondent no. 1 against the petitioner. In the aforesaid election petition, the petitioner filed an application to summon the Returning Officer and the Counting Supervisor as witness but the said application was dismissed by the courts below through the impugned orders on the ground that the burden to prove any illegality in counting of votes was on the election petitioner/respondent no. 1.
There is no illegality in the aforesaid orders. Further, the orders dated 15.12.2017 passed by the Election Tribunal and the order dated 18.7.2018 passed by the District Judge, Bhadohi are interlocutory in nature and the petitioner shall have the liberty to challenge the aforesaid impugned order passed by the Election Tribunal in any proceedings instituted against the final orders passed by the Tribunal.
With the aforesaid observations, this writ petition is disposed of.
Order Date :- 30.7.2018 Pratima