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Neutral Citation No. - 2025:AHC:110721-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 138 of 2025 Petitioner :- Alok Choudhary Respondent :- State of U.P. and 2 others Counsel for Petitioner :- Pawnesh Tiwari, Pramila Tiwari, Somesh Tiwari Counsel for Respondent :- C.S.C., Tarun Agrawal Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J.
1. This petition, purportedly in public interest, has been filed by the petitioner seeking a direction in the nature of mandamus to the respondents to take appropriate decision on the complaint of the petitioner dated 01.06.2024 under Section 13J(2) of the U.P. Municipalities Act, 1916 ("the Act, 1916') read with Section 125-A of the Representation of People Act, 1951 ("the Act, 1951'). 2. Submissions have been made that the respondent no. 3, while filling up the nomination form for contesting the election of Pradhan of Nagar Panchayat Badhani Chhafa, Tehsil Dumariyaganj, District Siddharth Nagar, has suppressed information regarding pending criminal case against him and, therefore, he was liable to be prosecuted under the provisions of Section 13J(2) of the Act, 1916. 3. Learned counsel for the respondents made submissions that the plea raised apparently has no substance inasmuch as under the provisions of Section 13J of the Act, 1916, specific Sections of the Act, 1951 have been indicated, wherein on violation, the action can be initiated and Section 125-A of Act, 1951 does not find mention in the said Section 13J of Act, 1916 and, therefore, the
petition deserves dismissal. 4. We have considered the submissions made by counsel for the parties and have perused the material available on record. 5. Provisions of Section 13J of the Act, 1916, inter alia, provides that the provisions of Sections 125, 126, 127, 127-A, 128, 129, 130, 131, 132, 134, 134-A, 135, 135-A and 136 shall have effect as if the reference therein to an election is a reference to an election held under this Act and sub-section (2) provides for action in case of violation of any of the provisions. 6. Admittedly, Section 125-A of the Act, 1951 does not find mention in the provisions of Section 13J of the Act, 1916 and, in that view of the matter, no case, as projected, is made out in the petition. 7. The petition is, therefore, dismissed.
Order Date :- 10.7.2025 P.Sri./RK (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- PUNEET SRIVASTAVA High Court of Judicature at Allahabad