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SMT. RUSHDA versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Smt. Rushda v. State Of U.P. And Others - WRIT - C No. - 50285 of 2007 [2007] RD-AH 16412 (6 October 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 AT ALLAHABAD

In Chambers

Civil Misc. Writ Petition No.50285 of 2007

Smt. Rushda v. State of U.P. and others

Hon'ble R.K.Agrawal, J.

Hon'ble Sabhajeet Yadav, J.

(Delivered by R.K.Agrawal, J.)

This petition was presented before the Registry today, i.e. 6.10.2007, with a request that the matter is very urgent and be taken up today itself. The Registry placed the papers before the Hon'ble Chief Justice who, vide order dated 6.10.2007, has passed the following order:-

"Place before the appropriate bench today if the petitioner convinces the Hon'ble Judges regarding urgency."

Thereafter, the learned senior counsel, Sri S.M.A.Kazmi, instructed by Sri Masood Ahmad, approached one of us (R.K.Agrawal, J.) after the Joint Registrar (Listing) had a talk. Sri Kazmi explained the urgency of the matter whereupon it was decided that the Bench be formed at 4 P.M. in the Chambers of R.K.Agrawal, J. and this is how this matter is being taken up today.

The petitioner has given notice to the learned Chief Standing Counsel who represents the respondent nos.1, 4 and 5 and Sri P.N.Rai who represents the respondent nos.2, 3 and 7. Sri Ajai Kumar Sharma who represents the respondent no.6 has also been given notice. All the counsels are present and the matter has been taken up in their presence.

Sri S.M.A.Kazmi, learned senior counsel, submitted that the election for the post of the Chairman, Nagar Palika Parishad, Gangoh, district Saharanpur, was notified in which the petitioner filed her nomination as an independent candidate but with a stipulation that in the event of nomination of the official candidate of the Samajwadi Party, namely Noman Masood, is either rejected or withdrawn, then she would be treated as the official candidate of the Samajwadi Party. The Assistant Election Officer issued a list of candidates whose nominations have been found valid on 9.10.2006 in the prescribed form 8 in which the name of the petitioner, Smt. Rushda, is mentioned at serial no.4 and following notes have been mentioned:-

"Note : 1. KRAMANK DO PER ANKIT UMMIDWAR NOMAN MASOOD KE NAM NIRDESHAN PATRA PER SURESH PAL DWARA AAPATTI KI GAYEE HAI. JIS KARAN UKTA NAM NIRDESHAN PATRA KI SWIKRITI/ASWIKRITI KE NISTARAN HETU DINANK 11.10.06 NIYAT HAI.

Note : 2. KRAMANK DO ME LIKHIT UMMIDWAR KE NAM NIRDESHAN PATRA KI ASWIKRITI ATHAWA UNKE CHUNAV SE HAT JANE KI STHITI ME KRAMANK 4 PER LIKHIT UMMIDWAR SAPA KI ADHIKRIT PRATYASHI HOGI."

The submission is that the election which was notified in October, 2006, had been postponed on 21.10.2006 indefinitely and vide order dated 6.7.2007 the election schedule has been notified in continuation of the earlier order dated 6.10.2006 from the stage where it was postponed. The further submission is that the nomination of Sri Noman Masood was found to be in order subject to the order which may be passed by the District Magistrate, Saharanpur in compliance of this Court's order dated 5.10.2006. This order was passed on 11.10.2006 whereupon the petitioner withdrew her nomination. There are several writ petitions pending in this regard, which are as follows :-

1. Civil Misc. Writ Petition No.11339 of 2007;

2. Civil Misc. Writ Petition No.29609 of 2007; and

3. Civil Misc. Writ Petition No.49027 of 2007,

in which various orders have been passed. In the meantime, the Deputy Commissioner, State Election Commission, U.P., Lucknow, vide order dated 5.10.2007, taking note of the report of the Sub Divisional Magistrate, Nabbu, district Saharanpur, in which it has been stated that the nomination of Sri Noman Masood has been rejected and there is only one other candidate, had asked the District Election Officer to intimate as to whether there is any necessity of holding the poll and, if so, the date of polling and counting be intimated, which order is under challenge.

Sri Kazmi, learned senior counsel, submitted that in the event of the nomination of Noman Masood is rejected, the nomination of the petitioner would stand revived as she had withdrawn her nomination after the nomination of Noman Masood had been found to be valid and after the date of withdrawal of nomination and if the result is declared, there is every likelyhood that the petitioner would suffer irreparable loss.

As the matter requires a full length hearing, in order to safeguards the interest of all concerned, we direct that this writ petition be placed before the appropriate Court on 9.10.2007.

Till then, if the result has been declared, it shall not be given effect to.

As the issuance of the certified copy is likely to take some time, the learned counsel for the parties are permitted to communicate the gist of this order orally.

6.10.2007

vkp


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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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