WPMS/1470/2021
2021 Latest Caselaw 2728 UK

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                                     WPMS No.1470 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

(Via video conferencing).

Mr. Mehboob Rahi, Advocate, for the petitioner.

Mr. Narain Dutt, Brief Holder, for the State of Uttarakhand.

The petitioner has put a challenge to the election of the respondent No.1, herein, who is a return candidate in the election, which was conducted for the post of "Gram Pradhan" of Village Jhajhra, Tehsil Vikasnagar, District Dehradun. A challenge to an election on the post of "Gram Pradhan" is contemplated under Section 14 of the Uttarakhand Panchayat Raj Act.

The contention of the learned counsel for the petitioner is that he has preferred an election petition before the Assistant Collector, 1st Class, Vikasnagar, District Dehradun, questioning the election of the respondent No.1, by way of filing an election petition to the said effect on 20.12.2019, which has been numbered as Election Petition No.08 of 2019, "Kunwar Singh Vs. Smt. Pinki Devi and others", which is pending consideration.

Hence, a prayer sought is that a direction may be issued to the Assistant Collector, 1st Class, Vikasnagar, District Dehradun, to decide the said election petition expeditiously. Even otherwise also, there is a consistent view of the Hon'ble Apex Court that the election petitions are to be decided as expeditiously as possible, because the time period always plays very pivotal role in the election petitions.

In view of the principles enunciated by the Hon'ble Apex Court, which contemplates that the decision on the election petition has to be taken expeditiously, this writ petition is being disposed of with a direction to the Assistant Collector, 1st Class, Vikasnagar, District Dehradun, to decide the election petition as expeditiously as possible, but not later than nine months from the date of the production of the certified copy of this judgment.

Subject to the above observations, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 30.07.2021

NR/