Court No. - 37
Case :- WRIT - C No. - 20661 of 2019 Petitioner :- Sanatan Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Narendra Kumar Pandey,Sudha Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Piyush Agrawal,J.
Heard Shri N.K. Pandey, learned counsel for the petitioner and Standing Counsel for State of U.P.
The writ petition has been filed for issue of mandamus directing the District Magistrate, Ballia and Assistant District Election Officer, Ballia (respondents-2 & 3) to provide the certified copy of the documents mentioned in the application dated 28.05.2019 filed by the petitioner before them as provided under Rule 93 of Conduct of Election Rules, 1961. It is stated that the petitioner has contested the Parliamentary Election 2019 and the petitioner wants these documents to challenge the election of the returned candidate in election petition. The limitation of 45 days has been provided under the law. Although the petitioner moved an application for providing the documents according to Rule 93 as mentioned above on 28.05.2019 but respondent nos. 2 & 3 are deliberately not providing documents.
In the facts of the case, the writ petition is disposed of with direction to District Magistrate, Ballia and Assistant District Election Officer, Ballia (respondents-2 & 3) to ensure providing the certified copy of the documents as mentioned in the application dated 28.05.2019 filed by the petitioner before them within a period of three days from the date of producing a certified copy of the order before them.
A certified copy of this order be issued to the counsel for the petitioner on payment of usual charges by tomorrow.
Order Date :- 25.6.2019 mt