Smt. Heerwati vs State Of U P And 3 Others
2023 Latest Caselaw 5136 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - C No. - 2423 of 2023
 

 
Petitioner :- Smt. Heerwati
 
Respondent :- State Of U P And 3 Others
 
Counsel for Petitioner :- Nasim Uddin,Arun Kumar Tripathi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

This is second round of litigation. Petitioner has approached this Court for expeditious disposal of election petition filed on behalf of petitioner and writ petition was disposed of by following order -:

"Learned counsel for petitioner seeks permission to withdraw the present writ petition and prayed that the same may be dismissed as withdrawn with liberty to pursue the election petition, filed by petitioner, which is pending before the S.D.M. concerned.

The writ petition is dismissed as withdrawn with aforesaid liberty."

Sri Arun Kumar Tripathi, learned counsel for petitioner submits that despite petitioner has pressed for earlier disposal of election petition, however, till date it has not been decided. However, he fairly submits that a general mandamus issued in Writ C No. 14277 of 2016 (Mrs. Anita Devi vs. Prescribed Authority, Panchayat Raj and 11 others) decided on 31.03.2016 as well as State Government has issued a circular dated 06.07.2016 for expeditious disposal of election petition, however, it was not placed before Tribunal, therefore, this writ petition may be disposed of with an appropriate direction to decide Case No. T-202113740312283 of 2021 (Heerawati vs. Anita Rani and others).

Learned Standing Counsel for State has no objection if this writ petition is disposed of with a direction.

Considering the above submissions, this writ petition is disposed of with an observation that as soon as petitioner places above referred judgment and circular before Election Tribunal, the Election Tribunal will be under obligation to comply mandamus issued by this Court and to decide the aforesaid case expeditiously in accordance with law. In case mandamus issued by this Court is not followed and petitioner is forced to approach this Court with same prayer, the Court may take an adverse view against Election Tribunal.

Order Date :- 15.2.2023

Nirmal Sinha