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YASHVEER SINGH versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

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Yashveer Singh v. State Of U.P. & Another - WRIT - C No. 26345 of 2007 [2007] RD-AH 10399 (4 June 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON. SHISHIR KUMAR, J

I have heard Sri Anil Kumar Srivastava, learned counsel for the petitioner and Sri Anil Kumar Sharma for the respondents.

By order dated 14.9.2006 (Anneuxre 4 to the writ petition) an application filed by the respondents challenging the election which was dismissed.  He filed a revision.  By order dated 14.5.2007 (Anneuxre 1 to the writ petition) the revision petition of the respondent No.4 was allowed and the matter has been remanded back to the Trial Court directing the parties to appear on 25.5.2007.

The contention raised on behalf of the petitioner  is that the total vote casted in the election was found less at the time of counting.  Taking into consideration the aforesaid fact, the revisional court has affirmed that the matter needs re-consideration and there should be recounting of the votes casted.  The reliance has been placed upon a judgment of this Court in Sobhnath Vs. State of U.P. and others reported in Revenue Decisions 1999, Volume 90, Page 50.  

As the matter has been remanded and the parties have been directed to appear before the trial Court to plead their case, in such circumstances, I feel that it is not a case for interference while exercising jurisdiction under Article 226 of the Constitution of India.  

The writ petition is devoid of merits and is hereby dismissed.  

There shall be no order as to costs.  

4.6.2007

SKD

W.P. No.26345  of 2007


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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