Court No. - 29
Case :- WRIT - C No. - 14306 of 2018 Petitioner :- M/S Pradeep Kumar Chaudhary Through Its Prop.
P.K. Chaudhary Respondent :- Chief Election Officer, Up, And 2 Others Counsel for Petitioner :- Arun Kumar Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Jayant Banerji,J.
To examine correctness of the order dated 21.3.2018 passed by the Deputy District Election Officer, Saharanpur this petition for writ is preferred.
By the order aforesaid, a direction is given to the petitioner to deposit a sum of Rs. 2,63,500-00 within a period of one week under the head of Election Accounts.
As per the petitioner a sum of Rs. 10,50,000-00 was paid to him against the videography for Assembly Election, 2017. The payment was made after due verification of facts. A recovery for a sum of Rs. 2,63,500-00 is now sought to be made on the basis of some remarks made by the auditors, without acquainting him about the objections taken. According to the learned counsel, no recovery of any amount could have been ordered without providing an opportunity to the petitioner to explain all the facts to claim the amount of Rs. 10,50,000-00.
Having considered all necessary facts, we deem it appropriate to dispose of this petition by directing the respondents not to proceed against the petitioner to recover the amount of Rs. 2,63,500-00 without first acquainting him about the objections made by the auditors and without having explanation in that regard. For the purpose, the order dated 21.3.2018 is to be treated as a notice to the petitioner and further the respondent no. 3 shall supply all the objections made by the auditors to the petitioner within a period of 20 days from today. The petitioner after receiving the objection shall submit an explanation. The explanation submitted by the petitioner shall be considered and decided by the Additional District Magistrate (Prashashan)/ Deputy District Election Officer, Saharanpur on merits within a period of four weeks after receiving the explanation by the petitioner. Till then no coercive action shall be taken against the petitioner.
Petition for writ stands disposed of accordingly.
Order Date :- 30.4.2018 A. Pt. Singh (Jayant Banerji, J.) (Govind Mathur, J.)