SAZID Vs. STATE OF U. P.

JUDGEMENT

(1.) The petitioner before this Court is a returned candidate. He is aggrieved by order passed by Revising Authority passed in Civil Revision No. 76 of 2022 filed under Sec. 12-C(6) of U.P. Panchayat Raj Act, 1947 (hereinafter called as "Act of 1947").

(2.) An election petition was preferred by respondent No. 2/election petitioner before Prescribed Authority on the ground that the nomination papers of petitioner were wrongly accepted. Various other grounds were raised in the election petition by election petitioner, such as, pendency of a criminal case against the returned candidate which was not disclosed and also taking of loan by returned candidate from one Magma Fincorp Ltd., Bareilly. It was further averred in the election petition that the age was wrongly disclosed.

(3.) The Prescribed Authority without touching the merits of the election petition on the objection raised by returned candidate that affidavit filed to the election petition was not verified proceeded to dismiss the election petition on 3/9/2022. Aggrieved by the order, the election petitioner filed a Civil Revision No. 76 of 2022 before Additional Sessions and District Judge, Court No. 3, Moradabad which was allowed by order dtd. 18/1/2024 and the election of returned candidate/petitioner was set aside and election petitioner/respondent No. 2 was declared elected Pradhan. Aggrieved by the order of Revisional Authority, the present writ petition has been preferred.