PREM NATH Vs. RAJINDER SINGH

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the order dtd. 21/10/2022 passed by the learned Single Judge in WP(C) No.2234/2022, whereby the learned Single Judge while issuing notice, has stayed the interim order dtd. 11/10/2022 passed by the Director Local Bodies, Jammu and posted the matter for 28/11/2022.

(2.) A perusal of the file reveals that appellant-Prem Nath and respondentRajinder Singh competed for the post of President, Municipal Council, Kathua. The election result was declared on 19/9/2022 in which respondent-Rajinder Singh was shown to have been declared as President. Feeling aggrieved, appellant-Prem Nath filed an election petition before the Director Urban Local Bodies, Jammu, who vide order dtd. 11/10/2022 directed to maintain statusquo with regard to the further proceedings in the matter. Against the said order, respondent-Rajinder Singh, filed WP(C) No.2234/2022 and a Single Judge of this Court vide order dtd. 21/10/2022 has stayed the interim order dtd. 11/10/2022 passed by the Director Local Bodies, Jammu and posted the matter for 28/11/2022. Hence, the present appeal on behalf of appellant-Prem Nath.

(3.) A perusal of order dtd. 21/10/2022 reveals that although the learned Single Judge has stayed the order dtd. 11/10/2022 passed by the Director Local Bodies, Jammu, yet the staying of order dtd. 11/10/2022 was subject to modification/addition/alteration upon objections, to be filed by appellant-Prem Nath and posted the matter for 28/11/2022; meaning thereby appellant-Prem Nath has been given liberty to file objections to the writ petition so as to put forth his stance for recalling or otherwise of the interim order dtd. 21/10/2022. Instead of filing objections, appellant-Prem Nath has filed the instant appeal. In our view, before filing the instant appeal, appellant-Prem Nath first ought to have filed objections to the writ petition as well as to CM well before 28/11/2022, when the matter has been directed to be listed. Even if there is any urgency, the appellant has the right to lay a motion before the learned Single Judge for early hearing of the matter.