PANKAJ MAHENDRU Vs. CANTONMENT BOARD, AGRA AND ANOTHER

JUDGEMENT

(1.) BY the Court.- This appeal has been preferred against the judgment and order dated 24th July, 2009, passed in Civil Misc. Writ Petition No. 36942 of 2009, whereby the learned Single Judge has dismissed the writ petition of the appellant, wherein a challenge was put forth to the order dated 5th May, 2009 passed by learned Additional District Judge, Agra, in an election petition that had questioned the elections of the appellant as a Member of the Cantonment Board, Agra.

(2.) THE facts, in brief, are that the appellant (hereinafter referred to as the 'returned candidate') came to be elected as a Member of the Cantonment Board held on 18th of May, 2008. Respondent No. 2-Ramesh Baghel questioned his election by filing an election petition before the learned District Judge, Agra in accordance with the Cantonment Electoral Rules, 2007. The election petition was transferred by the District Judge before the learned Additional District Judge, Court No. 1, Agra where the returned candidate filed a written objection that in view of Rules 55 and 57 of the Cantonment Electoral Rules, 2007 (hereinafter referred to as the 'Rules'), the election petition could not proceed before the learned Additional District Judge and it had to be tried by the District Judge himself. This application has been rejected by the order dated 5th of May, 2009 by the learned Additional District Judge, who found that he had the competence to hear the election petition.

(3.) AGGRIEVED , the returned candidate has preferred this appeal under Chapter VIII Rule 5 of the Rules of the Court urging that the election petition can be heard only by the District Judge of the District as no notification has been issued by the State Government empowering the Additional District Judge to hear any such dispute.