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2025 DAILYLAW 11789 (UTT)

SAURABH SINGH ALIAS SAURABH KUMAR v. PRESCRIBED AUTHORITY SUB DIVISIONAL MAGISTRATE

WPMS/2783/2025 · 2025-09-26

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:8722 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2783/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Ashish Joshi, Advocate for the petitioner. 2. Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand/respondent no. 1. 3. Mr. Sanjay Bhatt, Advocate for the respondent no. 2. 4. Petitioner has filed a election petition before Election Tribunal/Sub Divisional Magistrate, Jaspur, District Udham Singh Nagar, challenging the election of respondent no. 3. 5. By means of this writ petition, petitioner has sought the following relief:- “I. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 1. i.e. the Prescribed Authority / Sub Divisional Magistrate, Tehsil Jaspur, District Udham Singh Nagar to hear and decide the Stay Application dated 27-08-2025 (Annexure No. 6) filed by the petitioner alongwith the Election Petition No. 08 of 2025 titled as “Saurabh Singh Vs. Narendra Singh and others” on the next date fixed in the case i.e. 27-09-2025, and/or within the time frame as fixed by this Hon’ble Court.” 6. Learned State Counsel points out that Election Petition was filed only on 27.08.2025 and petitioner has rushed to 2025:UHC:8722 this Court within less than a month. 7. Learned counsel for the petitioner submits that notice on the Election Petition has been issued to the returned candidate, however, the returned candidate has not put in appearance before the Election Tribunal. 8. Since, the petition was filed only last month, therefore, this Court is not inclined to fix any timeline for deciding the same. 9. Accordingly, the writ petition is disposed of with a request to Election Tribunal to make endeavour to decide the election petition as early as possible. (Manoj Kumar Tiwari, J.) 26.09.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb904 6f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A1038 19DA875643AF56D653D095C6ED9A86DAAB2 1CE5, cn=NAVEEN CHANDRA Date: 2025.09.26 19:02:18 +05'30'