HIGH COURT OF CHHATTISGARH, BILASPUR (Before Hon'ble Mr. Justice Sanjay K. Agrawal) Election Petition No. 07/2014
MEMO
Bilaspur, the 16th June 2021
No. 5691/EP 07/2014.-
Petitioner :- Bhuneshwar Prasad Yadav
Versus
Respondent :- Badridhar Diwan (Fixed for 07th July, 2021)
NOTICE FOR PUBLICATION UNDER SECTION 116 OF THE REPRESENTATION OF THE PEOPLE ACT, 1951 IN THE OFFICIAL GAZETTE.
Shri Badridhar Diwan is the sole respondent in Election Petition No. 07/2014 which has been filed by Shri Bhuneshwar Prasad Yadav under section 80, 80A and 100 of the Representation of people Act, 1951, Challenging the Election of Badridhar Diwan from the State Legislative Assembly, Constituency No. 31, Beltara, District-Bilaspur (C.G.) the result of which was declared on 08-12-2013.
Said Shri Badridhar Diwan, the sole respondent, died on 04-05-2021 as per information given by the counsel appearing for the parties on 10-06-2021.
Please take notice that any person(s) who migh have been a petitioner may, within 14 days of such publication, apply to be substituted in place of such respondent to oppose the petition.
Given under my hand and seal of the High Court of Chhattisgarh at Bilaspur on this 16th day of June, 2021.
By Order of the High Court
Sd/- HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet
EP No. 7 of 2014
Bhuneshwar Prasad Yadav Versus Badridhar Diwan
SB Hon'ble Shri Justice Sanjay K. Agrawal
| 10.06.2021 Harneet | Proceedings of this matter have been taken up through video conferencing. M r. Harsh Wardhan, counsel for the petitioner. M r. Abhishek Sinha, counsel for the respondent. L earned counel for the parties submit that the sole respondent Badridhar Diwan has passed away on 04-05-2021. T he aforesaid fact is placed on record. A s per Section 116 of the Representation of the People Act, 1951 before holding that an election petition has abated in the event of death of the respondent, notice is required to be published in the Official Gazette and thereupon the Person Interested may, within fourteen days of such publication, apply to be substituted in place of such respondent to appose the petition. A ccordingly, Office is directed to comply with Section 116 of the Act of 1951 and take appropriate steps for publication of notice in the Official Gazette clearly notifying that the sole respondent has died on 4-5-2021 and notice be published on or before 21-06-2021. L ist the matter for consideration on 7th July, 2021. Sd/- (Sanjay K. Agrawal) Judge |