PREM LATA DWIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) SHRI S.G. Hasnain, learned Additional Advocate General has appeared on behalf of the State Government. He has produced the letter of the District Magistrate dated 27.4.2009 requesting for some time to depute an officer to appear in the Court and to file counter affidavit on the ground that polling in the Lok Sabha elections at Kanpur has to take place on 30.4.2009. The letter of the District Magistrate dated 27.4.2009 is taken on record. The District Magistrate has reported that he visited the spot and found that SHRI Anil Shukla Warsi had requested on 6.4.2009 for opening his election office on Plot No.784 but has made Plot No.725, Lakhanpur Housing Society, G.T. Road, Nursery, Lakhanpur as his election office after breaking the locks and forcibly occupying it. In his enquiry he found that the plots are situate in Arazi No.85 at Lakhanpur. One SHRI Santosh Kumar Singh Chandel has laid his claim on the subject plot. It was also found that Smt. Prem Lata Dwivedi has filed a suit against Anil Shukla and Santosh Singh Chandel of Chandra Shekhar Ajad Cooperative Housing Society in a suit in civil court. The complainant alleged that they have taken this plot from Lakhanpur Housing Society. SHRI Santosh Singh has entered into an agreement with SHRI Anil Shukla Warsi, the candidate for Arazi No.85, Lakhanpur permitting him for opening the election office for 45 days without any charge. From the enquiry it was found that there is dispute of ownership between complaint and SHRI Santosh Singh Chandel. Taking into account the facts and circumstances that the polling has to take place tomorrow, we adjourn the case for Monday with directions that office of the Chief Standing Counsel will serve SHRI Anil Shukla Warsi a copy of this order through the District Magistrate to appear through an Advocate to show cause as to why he has forcibly occupied Plot No.725, Lakhanpur Housing Society, GT Road Nursury Lakhanpur and occupied it without seeking permission of the District Magistrate to open the election office. It will be open to SHRI Anil Shukla Warsi to either vacate the plot by Monday or show cause by filing affidavit. The petitioner is also required to give entire details of the civil litigation pending between her and SHRI Santosh Kumar Chandel by supplementary affidavit.