Nirmala @ Nirmala Mishra vs Sub Divisional ...
2023 Latest Caselaw 21791 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:53886
 
Court No. - 18
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 4038 of 2023
 

 
Petitioner :- Nirmala @ Nirmala Mishra
 
Respondent :- Sub Divisional Magistrate,Tehsil Rudauli, Distt. Ayodhya And 4 Others
 
Counsel for Petitioner :- Surendra Kumar Yadav,Bhanu Pratap Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Lavania,J.

Heard, learned counsel for the petitioner, learned State Counsel for opposite party No. 1 and Shivam Tiwari, Advocate, who has filed Vakalatnama alongwith Sri Hariom Tiwari, Advocate and Sri Rahul Singh, Advocate, on behalf of opposite party No. 2 in the Court today, which is taken on record.

Considering the nature of order proposed to be passed issuance of notice to opposite parties is dispensed with.

By means of this petition, the petitioner have prayed for the following main relief:-

"1. Direct the opp. party no.1 to decide the case bearing case no. T20230423070229 (Nirmala Mishra Vs. Ram Bahadur Singh and others) filed by the petitioner under section 12 (Ga) of U.P. Panchayat Raj Act, of village Barawa Vikas Khand/ Tehsil Rudauli, District Ayodhya, pending before opp. party no.1 since 15/3/2023, within stipulated time period, in the interest of justice."

For the purposes of main relief sought, learned counsel for the petitioner has relied on an order dated 18.12.2015 passed by this Court in Misc.Bench No.11614 of 2015; Rajendra Prasad Versus Chief Election Commissioner U.P. and others, in which, the Division Bench has made certain observations. The relevant paragraph of which is quoted below:-

"Having due regard to the importance of bringing finality to election disputes, we are of the view that the authority before which the adjudication is to take place under Section 12-C should endeavour an expeditious disposal of the election petition, preferably within a period of six months from the date on which the election petition is filed."

Considering the aforesaid and without entering into the merits of the case, the present petition is disposed of with liberty to the petitioner to move an application for expeditious disposal of the pending proceedings before the opposite party No. 1. In case, such an application is moved, the opposite party No.1 shall consider and decide the same strictly in light of the judgment passed by this Court in the case of Rajendra Prasad (supra) and do needful in the matter in the same spirit.

The petitioner shall not take any adjournment before the concerned Authority. The Authority concerned is also directed to avoid unnecessary adjournment to the opposite parties.

Order Date :- 11.8.2023

Arun/-