- (1.) Heard Sri Rahul Agarwal, learned counsel for the petitioner and Sri Ajai Vikram Yadav, learned counsel appearing for respondent no. 2. By means of this writ petition, prayer has been made to issue a writ of certiorari quashing the order dated 16.12.2015 passed by the Additional District Judge/Special Judge (E.C. Act,) Mainpuri, in Election Petition No. 04 of 2012 (Smt. Manju Lata Vs. Smt. Bandana Devi and others) by which the petitioner's application no. 119Ga2, to recall the order dated 11.10.2013, by which the direction has been issued to proceed exparte, has been rejected. While assailing the impugned order, Sri Agarwal, submits that the notice issued by the election tribunal was never served upon the petitioner and once an application has been filed with the assertion that the notice was never served upon the applicant, who was impleaded as defendant no. 6 in the election petition, it was incumbent upon the Tribunal to record a definite finding regarding service of notice.
(2.) Sri Yadav, who appears for the respondent no. 2, submits that in view of the provisions contained under Sub -Section (b) of Section 23 of the U.P. Municipalties Act, 1916 (hereinafter referred to as 'the Act') the service of notice was not necessary and the District Judge can decide the matter without there being any further evidence. He also submits that the application has been filed only with a view to delay the disposal of the election petition. In his submissions, it cannot be believed that after such a long period the applicant did not come to know about the pendency of the election petiton.
(3.) The facts giving rise to this case are that the election was held for the post of Chairman Nagar Panchayat Kushmara, Mainpuri in which the respondent no. 3 was declared successful. The respondent no. 2 has filed an election petition with the following reliefs : - JUDGEMENT_240_LAWS(ALL)1_2016.jpg impleading all the candidates who have participated in the election including the petitioner.;