Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 7453 of 2019 Petitioner :- Sanjay Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Sudarshan Singh Counsel for Respondent :- C.S.C.,Ajeet Kumar Shukla
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the petitioner and Sri Vinod Kant, learned Additional Advocate General assisted by the learned Standing Counsel.
Upon considering the petitioner to be of a General category, the Election Petition of respondent no.2-Lakshaman was decreed. Thereafter the petitioner filed a Revision. During the pendency of the Revision, an order was passed by the Principal Secretary (Social Welfare Department) holding that the petitioner was a candidate of scheduled caste. This order was produced before the Revisional Court by way of an additional evidence and when the Court refused to accept the same as an evidence, the instant writ petition was filed.
Learned counsel for the respondents submits that this order of the Principal Secretary had been put to challenge in a writ petition in this Court. He, therefore, submitted that there was nothing wrong in the Revisional Court's order.
However, upon being confronted with the legal position that the order of the Principal Secretary would only be an evidence which shall be subjected to proof, learned counsel had no objection if the order was taken on the record of the Revision.
Under such circumstances, the Revisional Court would now proceed to take the order of the Principal Secretary dated 9.9.2019 as an evidence in the record of the Revision. The opposite parties including Lakshaman would have a right to oppose the evidence and if the order dated 9.9.2019 is on a later date set-aside in the writ petition filed against it, then the consequence of that would also follow.
With these observations, the writ petition is disposed of.
Order Date :- 26.11.2019 GS (Siddhartha Varma, J.)