Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9563 of 2018 Petitioner :- Raj Kumar Lodhi Respondent :- Akhtar And 11 Others Counsel for Petitioner :- Ramesh Chandra Singh Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against order dated 31.8.2018 whereby objection of respondent no.1, the winning candidate in Election Petition No.2 of 2017 (Rajkumar Lodhi v. Akhtar & 12 Ors.), filed by means of application 21-C has been allowed on the ground that the election of Chairman of the Nagar Palika cannot be challenged under Section 19 of U.P. Municipalities Act, 1916.
Submission of learned counsel for the petitioner is that mere mention of wrong provisions in the cause title of the election petition would not be ground the reject the election petition. Moreover, Section 43(3) provides that the provisions of the Act in relation to election (including disputes relating to election and electoral offences) of a member shall apply mutatis mutandis, in relation to election of the President.
Section 19 provides a procedure to challenge the election of members of the municipality and the election petition can be presented by applying the said procedure, by virtue of Section 43(3) of the U.P. Municipalities Act, 1916.
The matter requires consideration.
Let notices be issued to respondent no.1 fixing 6.3.2019.
There is no need to issue notice to other respondents who are proforma parties in the election petition.
Steps be taken by Registered Post A.D.
In addition thereto, learned counsel for the petitioner prays for and is permitted to take steps by personal mode. Office shall provide dasti notices to the learned counsel for the petitioner on payment of usual charges within the period of one week. An affidavit of service shall be filed on the next date fixed.
List this matter on 6.3.2019.
Order Date :- 22.1.2019 Jyotsana