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2025 DAILYLAW 82567 (ALL)

GUPTA BROTHERS PETROL STATION AND ANOTHER v. ELECTION COMMISSION OF INDIA AND 2 OTHERS

WRIC/25862/2025 · 2025-08-11

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136723-DB Court No. - 21 Case :- WRIT - C No. - 25862 of 2025 Petitioner :- Gupta Brothers Petrol Station And Another Respondent :- Election Commission Of India And 2 Others Counsel for Petitioner :- Salilendu Kumar Upadhyay Counsel for Respondent :- C.S.C.,Jitendra Ojha Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Sri Salilendu Kumar Upadhyay for the petitioners, Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the respondents no. 2 and 3 and Sri Jitendra Ojha for respondent no. 1. 2. The instant petition has been filed assailing an order dated 17.04.2025 passed by the District Magistrate, Firozabad/District Election Officer, Firozabad, declining to accept the request of the petitioners for payment of interest on delayed payments of the price of petroleum products purchased by Assistant District Election Officer, Mahoba, during course of general elections. 3. It is submitted by learned counsel for the petitioners that although, in the initial representation, he made prayer for payment of interest @ 18% per annum but subsequently vide letter dated 20.03.2025 the petitioners clarified that the petitioners are ready to accept such interest, as may be admissible but without considering the said representation the impugned order dated 17.04.2025 has been passed holding that there is no provision for grant of interest @ 18% per annum under any Government Order. 4. It is not disputed before us that petroleum products were supplied by the petitioners at the request of District Election Officer during Vidhan Sabha and Lok Sabh elections and the payment was made after the petitioner filed Writ Petition No. 3485 of 2024 before this Court and which ultimately, was disposed of on 22.01.2025 with direction to consider the representation for payment of interest. 5. Undoubtedly, in case, the amount was paid with delay, the petitioners would be entitled to reasonable amount of interest, which in absence of any specific Government Order, could be the interest payable on fixed deposit by Nationalised Banks. As stand of the petitioners contained in their letter dated 20.03.2025 has not even been alluded to while passing the impugned order, therefore, we permit the petitioners to file fresh representation before District Election Officer for considering their request for payment of reasonable interest and the same shall be decided by the District Election Officer by a speaking order within six weeks from the date of filing of the representation. 6. The writ petition stands disposed of accordingly. (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 12.8.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad