The High Court allowed a writ petition seeking mandamus. It directed the respondent No. 1 to hear and decide the pending election petition expeditiously within four months to prevent the matter from becoming infructuous.
Directed respondent No. 1 to hear and decide the election petition within four months.
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Court No. - 30
Case :- WRIT - C No. - 40474 of 2018
Petitioner :- Guddi
Respondent :- Prescribed Authority/Sub Divisional Magistrate And 7 Others Counsel for Petitioner :- Dur Vijay Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner, learned standing counsel and perused the record.
The present petition has been filed with the sole prayer seeking mandamus commanding the respondent no.1 to decide the Election Petition No.9 of 2016, Guddi Vs. Seema and others filed under Section 12-C of the U.P. Panchayat Raj Act. The appeal is said to have been filed on 1.2.2016 and considerable time has lapsed. However, the appeal is not being decided despite request by the petitioner. In view of the fact that the appeal is pending since long and this being Election matter, the same deserves to be decided expeditiously failing which the matter is likely to be infrucuous. The petition deserves to be allowed.
The respondent no.1 is directed to hear and decide the said election petition expeditiously, in accordance with law, preferably within a period of four months from the date of production of a certified copy of this order, after hearing the necessary parties.
With the above said direction, the writ petition is dispose of.
Order Date :- 10.12.2018 Hasnain
2 issues framed by the court
Whether the respondent authority is directed to expeditiously decide the pending election petition.
Whether the writ petition for mandamus is allowed to ensure speedy disposal of the election matter.
1 provisions across 1 enactments
Guddi
Prescribed Authority/Sub Divisional Magistrate
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
