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2025 DAILYLAW 3550 (UTT)

MEENU v. NEELAM

WPMS/740/2025 · 2025-03-07

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition(M/S) No. 740 of 2025 Smt. Meena ….....Petitioner Versus Smt. Neelam and others ….….Respondents Present:- Mr. Rajendra Singh Azad, Advocate for the petitioner through video conferencing. Mr. Sanjay Bhatt, Advocate for the respondent nos. 2 and 3. Hon’ble Ravindra Maithani, J. (Oral) The petitioner filed an Election Petition No. 1 of 2022-23, Smt. Meenu Vs. Smt. Neelam and others, before the Prescribed Authority/Sub Divisional Magistrate, Bhagwanpur, District Haridwar (“the election petition”). The petitioner also filed Writ Petition (M/S) No. 657 of 2023, Smt. Meenu Vs. Smt. Neelam (“the petition”) in this Court for expeditious disposal of the election petition. The petition was decided on 15.03.2023 with the direction to the Prescribed Authority/Sub Divisional Magistrate, Bhagwanpur, District Haridwar to expedite the disposal of the election petition. 2. The grievance of the petitioner is that the record of the election petition has been requisitioned in Civil Revision No. 08 of 2025, in the court of 1st Additional District Judge, Roorkee, District Haridwar. The proceedings of the election petition has not been stayed, but the requisition of record has, in fact, the effect of staying the proceedings. An application was moved by the petitioner before the court of 1st 2 Additional District Judge, Roorkee for returning the record of the election petition, but it is the grievance of the petitioner that neither the application has been decided, nor the record of the election petition has been returned. 3. Learned counsel for the petitioner would submit that the record of the election petition has been requisitioned in Civil Revision No. 8 of 2025, which has been preferred against an order passed in the election petition. In the election petition, in fact, almost arguments were also advanced. But, it is argued that without there being a stay order, the proceedings of the election petition has been stopped because its record has been requisitioned. 4. The petition is disposed of with the request of the court of 1st Additional District Judge, Haridwar to return the record of the election petition to the concerned Prescribed Authority, if not wanted immediately. In case, the record of election petition is required in revision, immediately it may be returned once its need is over. (Ravindra Maithani, J) 07.03.2025 Jitendra