Kamlesh vs Assistant Collector 1St ...
2023 Latest Caselaw 5914 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 
Case :- MATTERS UNDER ARTICLE 227 No. - 878 of 2023
 
Petitioner :- Kamlesh
 
Respondent :- Assistant Collector 1st Class/Sub District Magistrate,Sadar,Sitapur And 5 Others
 
Counsel for Petitioner :- Suyesh Pradhan
 
Counsel for Respondent :- C.S.C.,Anurag Kumar Singh
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner, learned State counsel for opposite party no.1 and Mr. Dharmendra Pratap Singh, learned counsel holding brief for Mr. Anurag Kumar Singh, learned counsel for opposite parties no.2 and 3.

In view of order being proposed to be passed, notices to opposite parties no.4 to 6 stand dispensed with.

Petition under Article 227 of the Constitution of India has been filed seeking a direction to the court concerned for expeditious disposal of Election Petition filed by petitioner under Section 12(C) of the U.P. Panchayat Raj Act, 1947.

Learned counsel for petitioner submits that petitioner had filed election petition on 28.05.2021 against the elected pradhan which was dismissed on 11.01.2022 but revision filed their against was allowed on 08.09.2022 remanding the dispute to prescribe authority for a decision a fresh within a period of 30 days. It is submitted that although the aforesaid judgment and order was rendered in the presence of all concerned parties but the proceedings in the election petition even after specific time frame in the remand order are yet pending consideration for which purpose necessary directions are required.

Considering submissions advanced by learned counsel parties, it appears that despite specific directions regarding time frame for decision of election petition after remand by means of order dated 08.09.2022, proceedings are still pending consideration. As such opposite party no.1 i.e. Assistant Collector 1st Class/ Sub District Magistrate, Sitapur, Tehsil Sadar, District, Sitapur is directed to decide the pending election petition bearing case no.T-202110640202146, expeditiously, preferably within a period of three months from the date a certified copy of this order is brought on record of the proceedings, in case there is no other legal impediment.

Benefit of this order shall be available only in case petitioner cooperates in early conclusion of the application/trial.

With the aforesaid direction, the petition stands disposed of.

Order Date :- 22.2.2023

Subodh/-