SHAHNAWAZ ALI Vs. ELECTION TRIBUNAL DISTRICT JUDGE MUZAFFARNAGAR

JUDGEMENT

(1.) Heard Ms. Shreya Gupta, learned counsel for the petitioner, Shri Vivek Kumar Singh, learned counsel for the respondent no.2 and perused the record on board.

(2.) Petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India assailing the order dtd. 3/7/2023 passed by District Judge, Muzaffarnagar whereby election petition filed on behalf of respondent No.2 under Sec. 20 of the U.P. Municipalities Act, 1916 (in brevity "Act, 1916 ".) has been admitted and ordered to be registered as well as, simultaneously, notices were ordered to be issued to the defendant Nos. 2 to 11.

(3.) Facts culled out from the record are that election of Nagar Palika Parishad, Khatauli, District Muzaffarnagar was held on 4/5/2023 in pursuance of the notification promulgated on 9/4/2023. The present petitioner has been declared successful as President of Nagar Palika Parishad. Having been aggrieved with the result of the election declared on 13/5/2023, respondent No. 2 has filed an election petition on 9/6/2023 under Ss. 19 and 20 of Act, 1916. Aforesaid election petition was filed during summer vacation along with an application under Rule 13 of General Rules (Civil), 1957 (in brevity "Rules, 1957 ") with a prayer to entertain the election petition. Said application was rejected, vide order dtd. 9/6/2023, and next date fixed viz. 2/7/2023 for hearing on admission of the election petition. On the first opening day, after summer vacation, in the month of July i.e. 1/7/2023, the election petitioner has moved miscellaneous application to entertain and register the election petition inasmuch as 1/7/2023 was the last date for the purpose of limitation to register the same and 2/7/2023, already fixed in the matter, was Sunday. Learned District Judge has rejected said miscellaneous application on the same day i.e. 1/7/2023 and fixed next date on 3/7/2023 for registration of the election petition. On the next date fixed i.e. 3/7/2023, election petition has been admitted and ordered to be registered, which is under challenge before this Court.