Utt HC | Barring an election petition for non-issue of notice to opposite party – beyond jurisdiction when prescribed authority did not frame an issue regarding S. 80 CPC

Uttaranchal High Court: Lok Pal Singh, J. dismissed a writ petition filed by a village pradhan challenging the order of District Court (revisional court) whereby matter pertaining to the validity of his election as pradhan was directed to be considered afresh by the Prescribed Authority.

Petitioner was elected as the village pradhan of village Bahadurpur. Respondent filed an election petition under Section 12-C of the UP Panchayat Raj Act, 1947 against the petitioner on the ground of unfair practice, etc. Prescribed Authority formulated two issues, whether the petition was barred by provisions of Rule 11, Order 7 Code of Civil Procedure, 1908 and whether the petition had not been filed in accordance with the law. Prescribed Authority recorded the finding that the plaintiff was required to issue a notice to the opposite party under Section 80 of CPC but the same has not been done, hence the election petition was barred. The petitioner preferred civil revision against this order which was allowed and the matter was remanded back to Prescribed Authority for deciding the matter afresh on merits. Aggrieved thereby, the Petitioner approached this Court under Article 227 of Constitution of India seeking a writ of certiorari for quashing the order passed by the revisional court.

Counsel for the petitioner Aditya Pratap Singh, submitted that the election petition had rightly been dismissed by the prescribed authority as the election petition was barred by the provisions of Rule 11, Order 7 CPC, and the revisional court had exceeded its jurisdiction in passing the impugned order. Counsel for the respondent, Ajay Veer Pundir and Narain Dutt submitted that there was no requirement to serve notice under Section 80 CPC in an election petition and the prescribed authority had committed patent error in law by dismissing the election petition.

The Court relied on the judgment of Kushuma Devi v. Sheopati Devi, 2019 SCC Online SC 482, in which it was held that every judicial or quasi-judicial order shall be supported with the reasons which support its conclusion, as the revisionary court while examining the correctness of the order is entitled to know the basis on which a particular conclusion was arrived at in the order. It was opind that the prescribed authority had not recorded any reasons for its order.

It was opined that reasons recorded in judgment are the life of law and in their absence, the judgment could not be said to be legal. The Prescribed Authority had travelled beyond the issues which were under the consideration and the revisional court was justified in remanding the matter back to the prescribed authority and hence writ petition was dismissed.

Further, the Court opined that without framing an issue in regard to notice under Section 80 CPC, the Prescribed Authority had held the election petition to be barred by Order 7 Rule 11 CPC. Thus, the findings recorded by Prescribed Authority in this regard were illegal, and therefore the revisional court’s order remanding the matter back to Prescribed Authority for fresh consideration was valid.

In view of the above, the petition was dismissed.[Narendra Singh v. Anil Kumar, 2019 SCC OnLine Utt 471, decided on 14-05-2019]

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