PARAS JAIN Vs. IZHAR AHMAD

JUDGEMENT

(1.) This Civil Revision under Section 115 of the Code of Civil Procedure, 1908 (for short, "the CPC") is preferred by the applicant-revisionist aggrieved by the order dated 07 January 2014 passed by the District Judge, Muzaffar Nagar in Election Petition No. 387 of 2012, whereby the election petition filed by respondent no. 1 has been transferred from the court of Additional District Judge, Court No. 3 to the court of Additional District Judge, Court No. 4.

(2.) The brief facts are; the present proceeding arose out of a Election Petition no. 387 of 2012 filed by respondent no. 1 herein challenging the election of the applicant/revisionist under Section 20 of the U.P. Municipalities Act, 1916 (U.P. Act No. II of 1916).

(3.) The Nagar Palika is governed by the provisions of the U.P. Municipality Act, 1916 (U.P. Act No. II of 1916). The revisionist was elected as a Chairman of Nagar Palika Parishad, Khatauli, Muzaffar Nagar. The respondent no.1-Izhar Ahmad filed an election petition under Section 20 of the U.P. Act No. II of 1916 challenging his election on 30 July 2012. From the record it transpires that the revisionist/applicant filed an application under Order VI Rule 16 and Order VII Rule 11 of the CPC, which was rejected by the election tribunal/ court below. The revisionist preferred Writ Petition No. 20439 of 2013, which was dismissed on 12.04.2013. Dissatisfied with the said order revisionist preferred Special Leave Petition (Civil) No. 17104 of 2013, which came to be dismissed on 10 May 2013. But the Supreme Court observed that the revisionist shall be at liberty to raise all the issues before the trial court, which shall be treated as preliminary issues. In the meantime the respondent no. 1 preferred Writ Petition No. 169 of 2014 for a direction upon the election tribunal to decide the election petition expeditiously. This Court on 22 January 2014 passed an order granting the liberty to respondent no. 1 to make appropriate application to the court concerned, who will consider the same and shall make all endeavours to decide it expeditiously by fixing short and quick dates.