SHRI RAMESHWAR DAYAL v. ELECTION TRIBUNAL, ADDITIONAL DISTRICT AND SESSION JUDGE AND 10 OTHERS
WRIC/31275/2024 · 2025-03-09
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 96207 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 96207 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:34948 Court No. - 9 Case :- WRIT - C No. - 31275 of 2024 Petitioner :- Shri Rameshwar Dayal Respondent :- Election Tribunal, Additional District And Session Judge And 10 Others Counsel for Petitioner :- Tarun Pratap Singh Counsel for Respondent :- Arvind Kumar Singh Hon'ble Rohit Ranjan Agarwal,J.
1. Petitioner before this Court is a returned candidate. An election petition was preferred by plaintiff respondent no. 2. During pendency of election petition several issues were framed. Issue no. 7 was framed as to whether election officer is a necessary party or not. The said issue has been decided against the petitioner holding that election officer is not a necessary party.
2. Learned counsel for respondent has placed reliance on various judgments of Apex Court rendered in cases of Jyoti Basu Vs. Debi Ghosal AIR 1982 SC 983, B. Sundara Rami Reddy Vs. Election Commission of India and others, 1991 Supp (2) SCC 624 and a coordinate Bench judgment of this Court rendered in case of Sudha Devi Vs. State of U.P. and others, 2012 (6) ADJ
99.
3. As the only issue no. 7 has been decided by the court concerned in the light of various judgments of Apex Court, no case for interference is made out.
4. Writ petition is misconceived and dismissed, accordingly. Order Date :- 10.3.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad