Court No. - 9 Case :- WRIT - C No. - 35806 of 2010 Petitioner :- Smt. Shashi Rani & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- K.M. Misra Respondent Counsel :- C.S.C.,C.S. Singh Hon'ble Vijay Manohar Sahai,J.
Hon’ble Bala Krishna Narayana,J.
Heard learned counsel for the appellant and learned Standing Counsel
appearing for the respondent no. 1 & 6.
One month’s time is granted to the learned counsel for the respondents for
filing counter affidavit and thereafter three week’s time is granted to the
learned counsel for the petitioner for filing rejoinder affidavit.
Issue notice to respondent no.5 and 7 by Registered Post. Steps be taken
within two weeks. Office shall send notice returnable at an early date.
Learned counsel for the appellant has urged that while the election was going
on, the District Magistrate has stayed the election by order dated 11.6.2010.
The District Magistrate has no power to stay the election.
In this view of the matter, petitioner is entitled for interim order.
Until further orders of this Court, the effect and operation of the order dated
11.6.2010, passed by the District Magistrate, Gautam Budh Nagar (annexure
no.6 to the writ petition) shall remain stayed.
Order Date :- 18.6.2010