Between vs A.R.O. G.P. Jadera & Ors
2022 Latest Caselaw 3876 HP

                                    1

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                        ON THE 26th DAY OF May, 2022




                                                                  .
                                   BEFORE





                 HON'BLE MR. JUSTICE AJAY MOHAN GOEL
                         CIVIL MISC. PETITION MAIN (ORIGINAL) No.





                         175 of 2022
        Between:-
        SMT. URMILA, D/O SH.
        PAL     SINGH,    R/O
        VILLAGE     MANDROH,




        POST OFFICE JADERA,
        TEHSIL   &   DISTRICT
        CHAMBA,     HIMACHAL
        PRADESH.
                               r                 ...PETITIONER

        (BY SHRI ABHISHEK THAKUR, VICE
        SHRI      KUSH     SHARMA,
        ADVOCATE)

        AND



1.      PRESIDING     OFFICER-
        CUM-SUB     DIVISIONAL




        MAGISTRATE CHAMBA,
        DISTRICT CHAMBA, H.P.





2.      A.R.O. (SH. JITENDER
        BEDI), LECTURER GOVT.
        SR.    SEC.   SCHOOL





        SAROL,     TEHSIL     &
        DISTRICT CHAMBA, H.P.

3.      SH. VIJAY KUMAR, S/O
        SH. KARTA DASS, R/O
        GRAM        PANCHAYAT
        JADERA, POST OFFICE
        JADERA,    TEHSIL     &
        DISTRICT CHAMBA, H.P.
                                             ...RESPONDENTS
        (NEMO)
Whether approved for reporting?




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______________________________________________________
              This petition coming on for admission before notice this day, the
Court passed the following:




                                                                         .
                     JUDGMENT

This petition has been filed under Article 227 of

the Constitution of India by the petitioner praying for the following

reliefs:-

"It is therefore respectfully prayed that

this petition may kindly be allowed and suitable time bound direction may kindly be issued to respondent No. 1, which is the

authorized officer to decide the Election

Petition bearing No. 22/ SDM/ CHM/Reader/ Election Petition of 2021, Election Petition

Urmila Devi Vs. A.R.O. G.P. Jadera & Ors., to decide the same within a reasonable period, as provided under Section 167 of

H.P. Panchayati Raj Act, 1994, as may be

deemed just and proper in the peculiar facts and circumstances of the case and justice

may be done and to call for the record of the case for the kind perusal of this Hon'ble Court. Any other relief as deemed fit in the facts and circumstances of the case may also be granted in favour of the petitioner."

2. Taking into consideration the nature of the relief which

stands prayed for by the petitioner and the order which this Court

.

intends to pass, no notices are required to be issued to the private

respondents.

3. Grievance of the petitioner is that an election petition

which was so filed by her under Section 162, 163 and 175 of the

Himachal Pradesh Panchayati Raj Act, 1994 before the Sub-

Divisional Officer(Civil), i.e., the authorized officer under the

Panchayati Raj Act in November, 2021, which was so registered in

the office of authorized officer on 17.11.2021 is still pending, though

the mandate of the Statute is that the officer has to decide such

petition within a period of six months from the date of its institution.

4. Learned counsel for the petitioner has drawn the

attention of this Court to Section 167 of the Act (supra), perusal of

which demonstrates that every election petition "shall be decided by

the authorized officer within a period of six months from the date of

its presentation under Section 163". Taking into consideration the

fact that the word used in Section 163 is "shall", which means that

it is mandatory for the authority concerned to decide the election

petition so filed within six months, this petition is disposed of with

the direction that the election petition shall positively be decided by

the Officer concerned on or before 31st October, 2022. Learned

counsel for the petitioner has informed this Court that the date so

fixed by the authority for hearing of the petition is 30.05.2022. It is

.

further directed that for no reason the authority shall postpone the

adjudication of the election petition beyond the date so fixed by this

Court.

5. Learned Additional Advocate General, who is present

in the Court is directed to intimate the order passed by this Court to

the authority concerned and if the authority concerned deems it fit,

it shall be at all liberty to prepone the hearing of the election

petition. Miscellaneous applications, if any, also stand disposed of.

(Ajay Mohan Goel) Judge

May 26, 2022 (bhupender)