ASHOK KUMAR TIWARI Vs. PRES.AUTH./SUB DIVISIONAL MAGISTRATE GAURIGANJ AMETHI
LAWS(ALL)-2019-12-94
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on December 20,2019

ASHOK KUMAR TIWARI Appellant
VERSUS
Pres.Auth./Sub Divisional Magistrate Gauriganj Amethi Respondents

JUDGEMENT

RAJAN ROY,J. - (1.) Heard. Considering the order proposed to be passed issuance of notice to the private opposite party is dispensed with.
(2.) The election petition has not been decided finally as yet, though, by an earlier order dated 03.05.2019 issues no. 1 to 5 were decided and with regard to issue no. 6 pertaining to recounting certain orders were passed which were put to challenge before this Court by means of Writ Petition No. 13757(M/S) of 2019 which was allowed on 17.05.2019 ordering recounting in the following terms:- "Heard Shri G.C. Sinha learned counsel for the petitioner and Shri Dinesh Kumar Ojha, learned counsel for the opposite party no. 1. Let the learned counsel for the petitioner implead Shri Umakant Pandey as an opposite party in writ petition, as, he is a party in the election petition before the Prescribed Authority, even if, he has not filed written statement, during the course of day.
(3.) The issuance of notice to the newly impleaded opposite party no. 5 is dispensed with, as, he has not filed any written statement before the Prescribed Authority nor is he the main contesting party, who in fact is opposite party no. 1 who is the runner up in the elections to the office of Gram Pradhan, wherein the petitioner was elected.;


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