AJAY KUMAR Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) The objection of the registry is that a certified copy of the order has not been filed. Since a copy of the order has been filed, we see no reason not to entertain this Special Appeal. The objection raised by the Registry is overruled.

(2.) Heard Mr. Aditya Singh, learned counsel for the appellant-writ petitioner and Mr. Sanjay Bhatt, learned Standing Counsel for the State Election Commission.

(3.) This intra-court appeal is preferred by the appellant writ petitioner against the interlocutory order passed by the learned Single Judge, in WPMS No. 2930 of 2019 dated 25.09.2019, to the extent the learned Single Judge had refused to grant the interim relief sought for i.e. to direct the respondents to accept the petitioner's nomination to contest elections to the post of Member, Block Development Committee of Jaspur khurd, in Udham Singh Nagar District. The petitioner was, hitherto, a member of the Block Development Committee during the five period 2014 to 2019. His term of office came to an end on 15.07.2019. He was disqualified from contesting the ensuing election by the order passed by the State Election Commission dated 18.04.2015, on the ground that he had not submitted information regarding the election expenditure incurred by him. The petitioner invoked the writ jurisdiction of this Court filing WPMS No. 2564 of 2019. By his order dated 12.09.2019, the learned Single Judge quashed the order passed by the State Election Commission dated 18.04.2015, and directed the respondents to consider the petitioner's reply within ten days. Pursuant thereto, the State Election Commission issued a show cause notice on 13.09.2019, the petitioner submitted his reply thereto by his letter dated 19.09.2019, and the State Election Commission passed an order on 20.09.2019. The appellant-writ petitioner invoked the jurisdiction of this Court, under Article 226 of the Constitution of India, on 23.09.2019 without questioning the order of State Election Commission dated 20.09.2019. He, however, amended his prayer in the writ petition to include a challenge to the validity of the said order dated 20.09.2019.