IRSHAD FATMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Upon the declaration of the result on 13.12.2015 of an election which was held on 9.12.2015 for the post of Pradhan, an Election Petition was filed by the petitioner Irshad Fatma.

(2.) The Election Petition was initially dismissed on 5.2.2018 and the Revision thereafter filed by the petitioner was allowed on 31.5.2018. The matter was remanded with a direction that the Election Petition be decided afresh. When the remand was made a direction was issued by the Revisional Court itself that a re-count be done and also findings regarding two issues were asked to be returned. They were:-

(3.) Before the Election Tribunal, even before the order dated 5.2.2018 was passed, another candidate who had contested the election, namely, Sakeena had filed an application for rejecting the Election Petition filed by the petitioner stating that the same was not maintainable as Assistant Election Officer and the Election Officer were not made a party in the petition. This application of Sakeena was rejected by the Election Tribunal on 27.1.2016. The Revision filed thereafter was dismissed on 10.8.2017 and Sakeena thereafter had filed a writ petition being Writ-C No. 3430 of 2018 in which the proceedings of the Election Petition was initially stayed on 7.2.2018. But upon coming to know that the Election Petition itself had been decided on 5.2.2018 the writ petition was dismissed as having become infructuous on 20.12.2018.