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2025 DAILYLAW 20424 (ALL)

RAJ KUMAR v. STATE OF U.P. AND 5 OTHERS

WRIC/4901/2025 · 2025-02-17

Anjani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:23452-DB Court No. - 3 Case :- WRIT - C No. - 4901 of 2025 Petitioner :- Raj Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Hriday Narayan Pandey,Narendra Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. Heard learned counsel for the petitioner. The writ petition seeks the following the relief:- "i) Issue a writ, order or direction in the nature of Mandamus commanding the respondents to permit the petitioner to deposit treasurey challan as Rs. 2000/- as fee for the post of B.D.C. in accordance with law for the Gaon Sabha Ram Muleda, Block- Saroorpur Khunni, Tehsil-Sardhana, District Meerut. ii) Issue a writ, order or direction in the nature of Mandamus commanding the respondents to declare the petitioner as a candidate of the aforesaid election in accordance with law." It is contended that there was no proper publicity of the election schedule copy whereof is filed as annexure 1 to the writ petition. As a result, the petitioner came to know about the election schedule on 07.02.2025 while the list date for filing of nominations was 08.02.2025 a second Saturday and bank holiday. As a result he could not furnish the bank draft which was required to he accompany the nomination papers. Therefore, the writ petition. Shri Tarun Agarwal who appears for the respondent No. 2 states that since only one nomination was received on 08.02.2025, within the time for filing of nominations, and the sole nomination was found to be in order, as such the sole contestant was declared elected unopposed and this election result has been notified. In view of the objection raised on behalf of the State Election Officer, we are constrained to hold that now, the only remedy available to the petitioner is by means of an election petition. The petitioner may, in case so advised, avail such remedy for redressal of his grievances. The writ petition is accordingly dismissed, subject to above. Order Date :- 18.2.2025 Priyanka Digitally signed by :- PRIYANKA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- PRIYANKA KUSHWAHA High Court of Judicature at Allahabad