JYOTI SINGH Vs. GEETA DEVI

JUDGEMENT

(1.) Heard Shri Ashish Kumar Singh and Shri Rakesh Kumar Srivastava, learned counsel for the petitioner, Shri Dharnidhar Pandey, Shri Kamal Kumar Singh, Shri, Ram Karan, Shri Sudhir Kumar Mishra, learned counsel for the respondents and perused the record.

(2.) This petition has been filed challenging the order dtd. 14/12/2023 passed by District Judge, Basti in Election Petition No. 1 of 2022 rejecting the application filed by the petitioner under Order VII, Rule 11, C.P.C. for rejection of the election petition.

(3.) Brief facts of the case are that election for the post of member of Zila Panchayat was held on 29/4/2021. Counting was done on 2/5/2021. The petitioner contested the election for member of Zila Panchayat for Ward No. 41 and in the counting held on 2/5/2021, the petitioner was declared elected as member from Ward No. 41. Respondent No. 1 also contested the election for Ward No. 41 but was unsuccessful. Respondent No. 1 filed election petition No. 1 of 2021 under Sec. 27 of U.P. Kshetra Panchayat and Zila Panchayat Act, 1961 (hereinafter referred to as the "Act of 1961") before the Judge as provided under Sec. 27 of the Act of 1961 on 30/6/2021. After being noticed, the petitioner filed application (Paper No. 73-Ga 2) for rejection of election petition on the ground that the election petition was not presented by the election petitioner/respondent No. 1 personally. The petitioner also filed another application (Paper No. 130-Ga 2) and prayed that the order dtd. 13/7/2022 passed by the election tribunal be reviewed/recalled. From the facts as brought on record in the present writ petition, it is apparent that election petition was filed through virtual mode on 30/6/2021. On 30/6/2021, following order was passed: