Court No. - 6
Case :- WRIT - A No. - 24947 of 2018 Petitioner :- Manoj Kumar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suresh Bahadur Singh,Sanjeev Singh Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and learned standing counsel appearing for the State - respondents.
This petition challenges an order dated 4th November, 2018, in terms of which, the candidature of the petitioner has come to be cancelled on the ground of concealment of material facts. The issue itself arises on account of the petitioner being named in NCR No. 118/2017. According to the petitioner, he was not aware of the pendency of these proceedings, since he was neither arrested, nor summoned at any stage by the Investigating Officer. It is further asserted that on 24th July, 2018, the petitioner has been acquitted in the said case. It is further pointed out that before the authority concerned, the petitioner was not afforded an opportunity to show cause why his candidature should not be cancelled since, according to him, there was no concealment of material facts.
Learned standing counsel submits that subject to all contentions, on merits, being left open, the 3rd respondent shall re-evaluate the claim of the petitioner afresh and dispose it of bearing in mind the principles enunciated by the Supreme Court in Avtar Singh Vs. Union of Indian and others, 2016(8) SCC 471. He further states that the 3rd respondent shall endeavour to conclude this exercise within a period of one month from the date of presentation of a certified copy of this order.
Accordingly and without going into the merits of the case or otherwise, this petition shall stand disposed of in light of the statement noted above. The impugned order shall abide by the fresh decision to be taken by the 3rd respondent.
Order Date :- 27.11.2018 Amit Mishra