HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9026 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard the learned counsel for the petitioner and Shri Akash Singh, who appears on behalf of the Respondent nos.1 and 2 and the learned Additional Chief Standing Counsel who appears on behalf of the State-respondent nos.3 and 4. 2. This petition has been filed by the petitioner for the following prayers:- "(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 05.11.2024 (annexed as Annexure No. 01) passed by the Respondent No. 02 by which the Respondent No. 02 in the most arbitrary, illegal and unconstitutional manner has wrongfully denied the legitimate and rightful claim of the petitioner amounting to a sum of 26,99,428/- (Rupees Twenty Six Lakhs Ninety Nine Thousand Four Hundred Twenty Eight Only). (b) to issue a writ, order or direction in the nature of mandamus directing the opposite parties to release the sum of Rupees 26,99,428/- (Rupees Twenty-Six Lakhs Ninety-Nine Thousand Four Hundred Twenty-Eight only) along with 12% per annum interest thereon from date of completion of the work by the present petitioner, Versus Counsel for Petitioner(s) : Shivendra S Singh Rathore, Atul Sharma, Bhavesh Chandel, Sachin Upadhyay Counsel for Respondent(s) : Aakash Singh, C.S.C. M/S Kaivalya Enterprises Thru. Proprietor Shri Kul Bhooshan Tripathi .....Petitioner(s) State Election Commission U.P. Thru. Election Commissioner Lko. And 3 Others .....Respondent(s) in the interest of justice. (c) to issue such other and further appropriate writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case; (d) to award the cost of petition in favour of the petitioner." 3. It is the case of the petitioner that he got the work order on the basis of an Online Tender floated for work relating to Tent arrangement, Barricading, Lighting, Sound etc. for Municipal General Election, 2022. The petitioner satisfactorily completed the work allotted to him and submitted the bills which were duly verified by the Assistant Election Officer of the District concerned. The District Election Officer, Bareilly, also approved the execution of work at the rates submitted by the petitioner's firm. After successful execution of the assigned election related work, including tentage, furniture, barricading, lighting, sound and other essential arrangements, the petitioner's firm duly submitted its final invoice of Rs.59,49,028/-. The said bills on submission have not been cleared. The petitioner has submitted Representation to the District Magistrate on 02.08.2023 but has been informed that the State Election Commission has released a fixed Budget for making payment to the tentage arrangements. Out of total amount of bill raised by the petitioner only a sum of Rs.28,50,000/- were paid to the petitioner's firm. The petitioner has preferred a detailed Representation on 12.03.2024 for payment of his dues which have not been cleared. Thereafter, repeatedly several representations have been made to the Respondent nos.2 and 3 regarding non-payment but no heed has been paid. Hence, Writ-C No.8185 of 2024 [Kul Bhooshan Tripathi Vs. State of U.P. and others] was filed before this Court in which the Court directed the concerned Authorities to look into the grievance of the petitioner and pass an appropriate reasoned and speaking order within a period of six weeks. In compliance of such order, the impugned order has been passed on 05.11.2024. Hence, this writ petition has been filed. 4. The Counsel appearing for the State Election Commission has pointed out from the Contract signed between the parties. A contract/ WRIC No. 9026 of 2025 2 work order which was issued to the petitioner that Condition No.16 stated that only an amount of Rs.28,50,000/- have been paid and there was a dispute arising out of the Contract, the State Election Commission can appoint an Arbitrator under the Arbitration and Conciliation Act, 1996, as amended upto date. 5. A copy of the work order issued to the petitioner has been produced before this Court, it is taken on record. 6. The writ petition is disposed of with liberty to the petitioner to approach the State Election Commission for appointment of an Arbitrator for redressal of his grievance within a week. If such an application is received by the Respondent no.4, the Arbitrator shall be appointed keeping in mind the latest position in law. September 23, 2025 N.PAL WRIC No. 9026 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench