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2025 DAILYLAW 199614 (ALL)

OMKAR GUPTA v. STATE OF U.P. THRU. PRIN. SECY. NAGAR VIKAS ANUBHAG LKO. AND 5 OTHERS

/10277/2025 · 2025-12-12

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10277 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. Learned counsel for the petitioner has filed a supplementary affidavit today, which is taken on record, bringing on record the order passed by this Court dated 03.12.2025 in Writ C No. 11631 of 2025, Omkar Gupta vs. State of U.P. and Others, by which the petitioner has challenged the validity of the order dated 04.11.2025 passed by the Additional District Judge (F.T.C.-I), Ambedkar Nagar, in Election Petition No. 4 of 2023, wherein the application for condonation of delay filed under Section 5 of the Limitation Act was allowed and the delay in filing the election petition was condoned. The election petition itself was allowed later on vide judgment and order dated 15.11.2025. The petitioner had challenged both orders, i.e., the order allowing the application for condonation of delay in filing the election petition and the order dated 15.11.2025 by which the election petition was allowed. The learned Writ Court found the order condoning the delay to has been passed without considering the law. The writ petition was allowed on 03.12.2025. Learned counsel for the petitioner prays that the interim order granted by this Court on 17.10.2025 be extended. Sri Rakesh D. Kumar, learned counsel for the intervener, has pointed out that by the order dated 17.10.2025 the Court had stayed the order dated 29.09.2025 and the consequential order dated 04.10.2025 only to the extent of cessation of the financial and administrative powers of Versus Counsel for Petitioner(s) : Saurabh Singh, Ripu Daman Shahi Counsel for Respondent(s) : C.S.C., Narendra Chauhan, Raj Priya Srivastava, Rakesh Devi Prasad Kumar, Sajjad Husain, Syed Aftab Ahmad Omkar Gupta .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Nagar Vikas Anubhag Lko. And 5 Others .....Respondent(s) the petitioner. The petitioner was directed, in the meantime, to submit his reply to the show cause notice dated 29.09.2025 insofar as it pertains to his removal. It has been submitted that in case the petitioner has submitted his reply to the show cause notice dated 29.09.2025, the authority be directed to decide the matter finally with respect to the issue of removal of the petitioner for irregularities as pointed out in the complaint made by the respondent. Sri R.D. Shahi, learned counsel for the petitioner, states that the petitioner has already replied to the show cause notice dated 29.09.2025. The writ petition is disposed of with a direction to respondent no.1 to decide the issue of alleged financial and other irregularities by the petitioner, the elected Chairman of the Nagar Panchayat, finally within a period of eight weeks from the date a copy of this order is produced before it. Till the decision on the show cause notice dated 29.09.2025 and the reply submitted by the petitioner, the consequential order relating to cessation of the financial and administrative powers of the petitioner shall be kept in abeyance. December 12, 2025 Ashish Dewal WRIC No. 10277 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench