Rashid Ali vs State Of U.P. And 24 Others
2022 Latest Caselaw 21380 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - C No. - 38382 of 2022
 

 
Petitioner :- Rashid Ali
 
Respondent :- State Of U.P. And 24 Others
 
Counsel for Petitioner :- Siddharth Nandan,Imtiaz Husain
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Prakash Padia,J.

The petitioner has preferred the present petition inter-alia with the prayer to quash the order dated 30.9.2022 passed in Election Petition No.T202113540204778 of 2022 (Chandra Pal Singh vs. Rashid Ali and others) under Section 12-C of Panchayat Raj Act, 1947 passed by the Prescribed Authority/ Sub Divisional Magistrate, Bilari, District Moradabad.

It is argued by the counsel for the petitioner that on the application filed by the petitioner dated 22.08.2022 in which it is stated that under Rule 3 (1) of U.P. Panchayat Raj Settlement of Election Dispute Rules, 1994, an application was filed to decide the maintainability of the election petition first and thereafter to decide the main issue. The said application was differed by the Prescribed Authority/respondent no.2 vide order dated 22.08.2022, hence the present petition.

It is argued by the counsel for the petitioner that order impugned namely 22.08.2022 passed by the respondent no.2 is without consideration of the law laid down by this Court in the case of Lokendra Singh vs. State of U.P. & 2 others passed in Writ C No.13760 of 2022 decided on 16.05.2022. The operative portion of the aforesaid judgment is reproduced below:-

"9. In view of the above, the present petition is disposed of with a direction, in case, the petitioner files a copy of this order before the respondent no.2 within a period of two weeks from today, the said respondent shall first proceed to deal and decide the issue nos. 12, 15 and 16, as expeditiously as possible, preferably within a period of three months therefrom. Only in the event of those issues being decided against the petitioner, the matter may proceed on merits. "

It is admitted between the parties that controversy involved in the present case is absolutely identical, hence the petitioner is also entitled for the same relief as has been granted by this Court in the case of Lokendra Singh (Supra).

In view of the above, the present writ petition is disposed of finally with the direction that in case the petitioner files a copy of this order before the respondent no.2 within a period of two weeks from today, the respondents shall first proceed and decide the application dated 22.08.2022 strictly in accordance with law and also observations made by this Court in the case of Lokendra Singh (Supra), as expeditiously as possible and preferably within a period of one month thereafter. Only in the event of those issues being decided against the petitioner, matter may proceed on merits.

Order Date :- 16.12.2022

Sumaira