KULPREET Vs. JAMAL

JUDGEMENT

(1.) Heard.

(2.) It is the case of the petitioner that the petitioner contested the election of Gram Pradhan, Gram Panchayat, Mubarikpur and Alipur held on 26/9/2022, wherein, the petitioner won the election and elected as Gram Pradhan.

(3.) The respondent no.1 filed an election petition challenging the election of the petitioner on the post of Pradhan under the provisions of Uttar Pradesh Panchayati Raj (Settlement of Election Dispute) Rules 1994 'hereinafter to be referred as 'the Rules of 1994"' before the Sub-Divisional Officer, Laksar, district Haridwar which was registered as Election Petition No.1 of 2022 Jamal versus Usmana and others. The petitioner filed his written statement in the election petition on 25/11/2022. Before the issues could be framed for the disposal of the election petition, an application was moved by the petitioner purportedly under the provisions of Rule 4(1)(vi) of the Rules of 1994 for rejection of the election petition on the ground that the election petition was not accompanied by treasury challan as required under sub-rule (1) of Rule 3 of the Rules of 1994. The learned Sub Divisional Officer by reason of the judgement and order dtd. 27/10/2023 (annexure 6 to this petition) rejected the application filed by the petitioner on the ground that the amount required under sub-rule (1) of Rule 3 of Rules of 1994 was deposited and the receipt thereof is annexed in the file. Further, the learned SDO was of the opinion that on the mere technicalities, a person cannot be deprived of justice. The petitioner feeling aggrieved by the judgement and order dtd. 27/10/2023, moved a civil revision before the Third Additional District Judge Haridwar which was registered as Civil Revision No.72 of 2023, Kulpreet v. Jamal and others, which too met the same fate and the revision was accordingly dismissed.