USHA KATIYAR Vs. DISTT. ELECTION OFFICER,

JUDGEMENT

(1.) Heard Sri Mohd. Arif Khan, learned Senior Counsel, assisted by Sri Sudeep Kumar and Sri Anurag Tiwari, learned counsel for the petitioner and Sri A.R. Khan, assisted by Sri O.P. Tiwari, learned counsel for respondent no. 3. Respondents No. 4 to 8 are the candidates who participated in the elections but the votes cast in their favour are relevant for the purposes counting but have no bearing upon the lis between the petitioner and the candidate who has challenged the election being the runner up i.e. opposite party no. 3.

(2.) The petition has come up against the impugned order passed by the Election Tribunal in Election Petition No. 1 of 2017 wherein validity of the election of the petitioner has been questioned under Section 19/20/43 of U.P. Municipalities Act, 1916.

(3.) It is relevant to note that after filing of the election petition before the Election Tribunal, a petition came to be filed before this Court for expeditious conclusion of the election petition and the same was registered as Writ Petition No. 5924 of 2018 (MS). This petition was disposed of by an order dated 27.2.2018 directing the competent court to decide the proceedings expeditiously and without allowing any complaint of delay to arise. This direction was issued looking to the gravity of issue and drawing support from Section 86(7) of Representation of Peoples Act, 1951.