WPMS/1213/2021
2021 Latest Caselaw 2106 UK

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                                      WPMS No.1213 of 2021
                                      Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing) Mr. Yogesh Pant, Advocate for the petitioner.

The petitioner before this Court is an election petitioner, wherein he has challenged the election of the return candidate, who was elected as Gram Pradhan by filing an Election Petition, before the learned Prescribed Authority. But however, the election petition was dismissed by the Prescribed Authority on the ground of delay, by virtue of an order dated 07.12.2020.

Being aggrieved against the said order, the petitioner has preferred a Misc. Civil Appeal No.03 of 2020 Laxmi Dutt Pandey vs. District Election Officer and another; before the Court of District Judge, Champawat, and the same is pending consideration. Though contention of the petitioner is that since Misc. Civil Appeal, is arising out of the election petition under the Uttarakhand Panchayat Raj Act hence, the Misc. Civil Appeal, is expected to be decided within the specified time frame, once it relates to a challenge given to an office of the Pradhan, by filing an election petition.

Without venturing into the merits of the matter and leaving all the issues open to be decided, including the issue of maintainability of appeal, this writ petition is being disposed of with the request to the District Magistrate, Champawat, to decide the Misc. Civil Appeal No.03 of 2020 Laxmi Dutt Pandey vs. District Election Officer and another, as expeditiously as possible; but not later than three months from the date of production of certified copy of this judgment.

However, it is made clear that the direction issued by this Court to decide Misc. Civil Appeal would obviously be exclusive, of the period, for which the proceedings of the court below are restrained on account of any administrative directions issued by the High Court due to prevalent pandemic situation.

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

(Sharad Kumar Sharma, J.) 29.06.2021 Arti `