Court No. - 49
Case :- WRIT - C No. - 18408 of 2019 Petitioner :- Kamni Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Alkesh Singh Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
It transpires from the ordersheet of the Election Tribunal that defendant opposite party in the election petition has yet not been served with summons/ notices and the Court has proceeded to record the statement of the plaintif petitioner. Rule of procedure in the matters of election dispute where election petition is filed, are to be followed in terms of what is provided for under the Code of Civil Procedure 1908.
From the ordersheet, it transpires that the Court has failed to record any satisfaction regarding efective service upon defendant opposite party and yet has proceeded to record statement of plaintif witness in absence of defendant. Rule of procedure prescribe for the court to record that it wants to proceed ex parte as despite efective service of notice, defendant has failed to appear and failed to file written statement.
In view of above, no direction can be issued for conclusion of of proceeding election petition in absence of any satisfaction recorded by the Presiding Officer regarding service of notice of election petition upon opposite party.
Writ petition is misconceived and is hereby rejected.
Order Date :- 29.5.2019 Sanjeev