Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 1357 of 2009 Petitioner :- Chief Election Officer U.P. & Another Respondent :- Ghanshyam & Another Petitioner Counsel :- M.S. Pipersenia Respondent Counsel :- J.P. Tripathi Hon'ble Chandramauli Kumar Prasad,Chief Justice Hon'ble Pankaj Mithal,J.
Order on Delay Condonation Application
This application has been filed for condoning the delay in filing
the appeal.
According to Stamp Reporter, the appeal is barred by limitation by
209 days.
Various reasons, which prevented the applicant from filing the
appeal within time, have been enumerated in the affidavit filed in
support of the application.
We are satisfied that the same constitute sufficient cause for
condoning the delay in filing the appeal.
Accordingly, delay in filing the appeal is condoned.
Application stands allowed.
Order on the memo of appeal
Admit.
The respondents are already represented. There is no need of
issuing notice to them.
Order on Stay Application No. 343612 of 2009
While pressing for interim relief Mr. Pipersenia appearing on
behalf of the appellants submits that according to the respondents
own showing their services were terminated some time in the year
1998 and in writ application filed in the year 2007 the learned
Single Judge ought not to have directed for reinstatement and the
same benefit as given to the petitioner of Civil Misc. Writ Petition
No. 35274 of 1998.
During pendency of the appeal operation of the impugned order
shall remain stayed.
List it along with Special Appeal No. 115 of 2007.
Order Date :- 12.1.2010
SKS
(Pankaj Mithal,J.) (C.K. Prasad,C.J.)