Allahabad High Court Judgement

Allahabad High Court Judgement

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JUDGEMENT HEADLINE : S.D.M. Dealing With Election Petition Is Not A Court Subordinate To The High Court For Transfer Of Proceedings Under Section 24 Of The C.P.C.
JUDGEMENT TITLE : Mursaleem Vs. Yogendra Sharma And Others. On 05/09/2012 By Allahabad High Court
CASE NO : TRANSFER APPLICATION (CIVIL) NO. 289 OF 2012.
CORAM : Hon'ble Pankaj Mithal,J.

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 4

Case :- TRANSFER APPLICATION (CIVIL) No. - 289 Of 2012

Petitioner :- Mursaleem
Respondent :- Yogendra Sharma And Others
Petitioner Counsel :- Rajeev Kumar Rai

Hon'ble Pankaj Mithal,J.
Heard Learned Counsel For The Applicant.
The Applicant Is Seeking Transfer Of Election Petition Filed Under Section 12-C Of The U.P. Panchayat Raj Act, 1947 Pending Before The Sub-Divisional Magistrate, Dadri, Gautambudh Nagar To Some Other Competent Court.
Section 24 CPC Provides For General Power Of The High Court Or The District Court As The Case May Be To Transfer And Withdraw Suits, Appeal Or Other Proceedings From One Court To Another Court Sub-ordinate To It.�
The Sub-Divisional Magistrate Is Not A Court Or Authority Sub-ordinate To The High Court And Therefore In My Opinion Section 24 CPC Would Not Be Attracted So As To Transfer The Proceedings Before Him To Another Court Or Authority.
The Application Is Completely Misconceived And Is Dismissed.

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