BHOORI Vs. ADDITIONAL SUBDIVISIONAL OFFICER ELECTION TRIBUNAL

JUDGEMENT

(1.) Heard Sri N. K. Pandey for petitioner and Sri K. A. Ansari for contesting respondent No. 2.

(2.) This writ petition has been filed against the order dated 12.9.2002 passed by the Election Tribunal/Additional Sub-Divisional Officer, Amroha, by which he has returned findings, partly accepting issue No. 1 with regard to deletion of certain paragraphs and has returned issue Nos. 3 and 4 in favour of election petitioner, and has deferred the hearing for deciding issue with regard to maintainability of the election petition.

(3.) The facts of this case are that the petitioner was returned as elected Pradhan of Gram Panchayat Hatauwa, Block Joya, district Jyotiba Phulenagar. Respondent No. 2, Smt. Bano, filed an Election Petition challenging her election. The first Writ Petition No. 54485 of 2000 filed by the petitioner was dismissed by this Court on 18.12.2000 against the order passed by the Tribunal directing petitioner to file written statement, with a finding that the writ petition was premature and that the order deferring application under Order VI Rule 16, C.P.C. did not suffer from any infirmity or error requiring interference by this Court. Second writ petition No. 22272 of 2001 was filed by the petitioner against the order dated 22.5.2001 of the Tribunal observing that the Election Petition is maintainable, was disposed of by this Court with a direction to the Tribunal to see that all the pleas which had been raised with regard to the maintainability of the petition and which may require additional issues to be framed, and which go to the root of maintainability of the election petition, shall be decided as preliminary issues. A third Writ Petition No. 25037 of 2002, filed by the petitioner against the order passed by the Tribunal dated 18.6.2002 calling for certain records for deciding preliminary issues was also dismissed by this Court on the ground that it is not necessary to go into the question at this stage and that it will be open to the petitioner to challenge the findings on preliminary issues. The Tribunal thereafter framed five additional issues on 12.3.2002 and one more additional issue was framed on 20.5.2002 and that by its order dated 27,6.2002 found that the election petition was maintainable. A fourth writ petition No. 26876 of 2002 was filed against the order dated 27.6.2002 which was allowed by this Court and while quashing the order, this Court directed the Prescribed Authority/Election Tribunal to decide issue Nos. 1, 3 and 4 as well as the issue whether the election petition was maintainable to be decided as preliminary issues expeditiously by its order dated 30.7.2002.