NARESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) BY this petition, Petitioners have prayed for issuing a writ in the nature of Certiorari quashing notification dated 16-11-92 (Annexure 1), issued by District Magistrate Budaun for holding bye-election for the post of President. Municipal Board Budaun and also for quashing the election held on 23-5-93 pursuant to aforesaid notification.

(2.) ACCORDING t6 petitioner, impugned election was conducted in utter violation of the order passed by this Court on 21-5-93 as it was conducted on the basis of Electoral Roll modified only up in 1988 whereas by order dated 21-5-93 it was directed by this Court that the election for the post of president of the Municipal Board Budaun shall not be held on the basis of the electoral roll prepared in 1988. Further according to petitioner District Magistrate Budaun conducted the whole election on the basis of para 14 sub-para (I) read with para 75 of Order 1964 applicable for the election of members as such holding of the election was illegal from the very inception itself.

(3.) HAVING heard learned counsel for the parties on the preliminary objection it appears better to have the provisions of the Act relevant for the purposes of deciding the preliminary objection.