Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2905 of 2019 Petitioner :- Kahkashan Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Umeshkumar Mishra,Mithilesh Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and perused the record.
Present petition has been filed challenging the impugned order dated 24.12.2018 passed by the Additional District and Sessions Judge, Hapur.
Petitioner herein is an elected Pradhan. Against her election petition was filed under Section 12 (c) of UP Panchayat Raj Act. The same was dismissed by the tribunal vide order dated 22.3.2018. Revision filed by the election petitioner was allowed on issue nos. 2 and 6.
Challenging the order, submission of learned counsel for the petitioner is that the remand order is wholly illegal and arbitrary, inasmuch as the order passed by the trial Court was just and legal. He next submits that the issue regarding lottery having been taken place as both the candidates have received 706 votes is meaningless, inasmuch the election petitioner has failed to prove the same and there was no averment in this regard even in the cross-examination in the petition whereas defendant has proved by his evidence that the petitioner was declared elected after lottery.
I have considered the submissions of learned counsel for the petitioner and perused the record.
In view of that the fact that the videography has admittedly done in the election and the same was not summoned by the trial Court although even issue in that regard was framed and it is only a remand order, I am not inclined to interfere in the impugned order.
Present petition is accordingly dismissed.
Order Date :- 29.4.2019 Abhishek