SANJAY SINGH Vs. ABHAY PRATAP SINGH

JUDGEMENT

(1.) Heard learned Sri Birendra Singh, learned counsel for the petitioner, Sri Prabhakar Awasthi, learned counsel for the respondent No. 1, Sri K.P. Singh, learned counsel for the respondent No. 3 and Sri S.K. Singh, learned Additional Chief Standing Counsel for the respondent Nos. 2, 4 and 5.

(2.) Present petition has been filed for setting aside the impugned order dtd. 29/5/2024 passed by learned Additional District Judge, Court No.1, Fatehpur whereby application 7C2, under Sec. 5 & 14 of Limitation Act in being Misc. Case No.70/74/2023 (Sanjay Singh vs. Abhay Pratap Singh and others) has been rejected in Election Petition, under Sec. 14 of U.P. Kshettra Panchayat & Zila Panchayat.

(3.) Brief facts of the case are that the State Election Commission, Uttar Pradesh pursuant to notification dtd. 26/3/2021 issued information vide letter no. 726 dtd. 26/3/2021 for holding general elections in all the Gram Panchayat in District Fatehpur for the members of Zila Panchayat Village Panchayat and date for casting the vote was fixed as 2/5/2021, in which respondent No. 1 was elected as Member, Zila Panchayat, Fatehpur. Subsequently vide notification dtd. 15/6/2021 State Election Commission, Uttar Pradesh issued notification No. 520 dtd. 16/6/2021 for holding elections for the post of Chairman, Zila Panchayat, Fatehpur. As per the Schedule, date for holding the election was fixed on 3/7/2021. The result of general election for Chairman, Zila Panchayat, Fatehpur was declared on 3/7/2021 declaring the winning candidate and certificate dtd. 3/7/2021 was also issued. Petitioner has earlier preferred Public Interest Litigation (PIL) No. 1396 of 2023 before this Court for a writ, order or direction in the nature of mandamus cancelling the election of Member, Zila Panchayat, Fatehpur, so far as it relates to respondent No. 1. The said PIL was dismissed vide order dtd. 12/6/2023. Thereafter, petitioner has preferred election petition being Misc. Case No. 70/74 of 2023 for declaring the respondent No. 1 disqualified for the post of Member, Kshetra Panchayat and further for the post of Chairman, Zila Panchayat, Fatehpur. The said case was heard and ultimately dismissed on the ground of limitation, hence present petition.