NARENDRA SINGH Vs. ANIL KUMAR & ORS

JUDGEMENT

(1.) Petitioner has invoked the extra-ordinary jurisdiction of this Court under Article 227 of The Constitution of India seeking a writ of certiorari quashing the impugned order dated 27.10.2017 passed by Ist Additional District Judge, Roorkee, in criminal revision no.41 of 2007.

(2.) Facts leading to filing of present writ petition are that the petitioner was elected as the Village Pradhan of Village Bahadurpur Saini Pargana and Tehsil Roorkee, in the year 2016. Respondent no.1 filed an election petition being Petition No.13 of 2016 under Section 12-C of the U.P. Panchayat Raj Act, 1947 against the petitioner, on the ground of unfair practice, etc. Petitioner contested the election petition and filed his written statement. On the pleadings of parties, Prescribed Authority/Sub Divisional Magistrate, formulated relevant issues in the matter. Issue nos.4 and 9 were framed by the Prescribed Authority as follows:-

(3.) After hearing learned counsel for the parties, Prescribed Authority/S.D.M., Roorkee, District Haridwar decided issue nos.4 and 9 as preliminary issues. While doing so, trial court recorded a finding that the plaintiff was required to issue notice to the opposite party u/s 80 of C.P.C. but the same has not been done, therefore the election petition is barred by the provisions of Section 80 of C.P.C., and accordingly decided these two issues against the election petitioner and dismissed the election petition for want of notice u/s 80 C.P.C., vide order dated 25.02.2017. Feeling aggrieved, the election petitioner/respondent no.1 preferred civil revision no.41 of 2017 before the District Judge, Haridwar. Revisional Court, vide judgment and order dated 27.10.2017, allowed the revision and remanded the matter back to the Prescribed Authority to decide the election petition afresh on merit, in accordance with law. Hence, this writ petition.