WPMS/657/2023
2023 Latest Caselaw 633 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

        THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

               WRIT PETITION (M/S) NO. 657 OF 2023

                             15TH MARCH, 2023

Between:

Smt. Meenu                                    ......           Petitioner

and

Smt. Neelam                                   ......          Respondent



Counsel for the petitioner       :     Mr. Ajay    Veer   Pundir,   learned
                                       counsel

Counsel for the respondent       :     --


The Court made the following:

JUDGMENT:

The petitioner has preferred the present

petition, under Article 227 of the Constitution of India, to

seek a direction to the learned Prescribed Authority /

Sub Divisional Magistrate, Bhagwanpur, District

Haridwar, to decide the Election Petition No. 01 of 2021-

22, Smt. Meenu Vs Smt. Neelam & others, expeditiously,

within the time fixed by this Court.

2) The submission of learned counsel for the

petitioner is that the tenure of the elected representative

is only five years, out of which nearly six months have

expired.

3) The petitioner has placed on record the order-

sheets in the proceedings, which show, that the same

order has been passed on every date stating, that the

authority is busy in other administrative work, and on

that ground, the proceedings have been adjourned

consecutively.

4) The aforesaid state of affairs is completely

unacceptable. Election petitions should be dealt with

expeditiously; otherwise they would lose their purpose.

5) I, therefore, dispose of this petition with a

direction to the learned Prescribed Authority / Sub

Divisional Magistrate, Bhagwanpur, District Haridwar to

expedite the disposal of Election Petition No. 01 of 2021-

22, Smt. Meenu Vs Smt. Neelam & others. The said

election petition should be disposed of within one year of

service of certified copy of this order on the learned

Prescribed Authority / Sub Divisional Magistrate

concerned. Neither party shall seek, nor be granted

undue adjournments, in the proceedings.

6) I make it clear that I have not gone into the

merits of the election petition, one way or another, and

the said petition shall be decided by the learned

Prescribed Authority / Sub Divisional Magistrate, on its

own merits.

7) The petition stands disposed of in the

aforesaid terms.

________________ VIPIN SANGHI, C.J.

Dt: 15th MARCH, 2023 Negi