This I.C.A. Is directed against the judgment dated 25-8-2005 passed by learned Single Judge in Chambers whereby Writ Petition No.5115 of 2005 filed by respondent No.9 challenging the success of the appellant in the recent local bodies election for the seat of Naib Nazim, was allowed.
2. Undeniably, the appellant was not served with any notice before passing the impugned judgment, so, the same being violative of principle of natural justice i.e. Audi alteram partem, cannot be blessed with legal sanctity as also held by a Division Bench of this Court in I.C.A. No.175 of 2005 and I.C.A. No.188 of A 2005. Hence, this I.C.A. Is allowed and the result would be that Writ Petition No.5115 of 2005 would be deemed to be pending and the same shall be put up for hearing and decision before the same learned single Judge, today as some other connected matters are also fixed today before his Lordship.