A single judge bench disposed of a PIL regarding Panchayat elections citing a prior Division Bench judgment that quashed an earlier order allowing a fresh reservation exercise with 2015 as the base year.
Petition disposed of in terms of the order in P.I.L. Civil No.6929 of 2021.
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Court No. - 9
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 692 of 2021
Petitioner :- Vinay Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Nand Yadav,Anand Prakash Yadav
Counsel for Respondent :- C.S.C.
Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.
The issue raised in the present petition has already been answered by a Division Bench of this Court at Lucknow in P.I.L. Civil No.6929 of 2021 (Ajay Kumar Vs. State of U.P. Through Additional Chief Secretary Panchayat Raj, Lucknow and Others) decided on 15.03.2021 wherein it is held:
"Learned Advocate General appearing for the opposite parties no. 1 and 2, on the basis of written instructions, copy of which has been placed before the Court and the same is taken on record, submits that the State Government has no objection to implement the reservation and allotment of seats of constituencies in Panchayats elections taking 2015 as the base year as first round of reservation and allotments for determining the reservations as per decision taken vide Government Order dated 16.9.2015.
We are conscious of the fact that this Court vide order dated 4.2.2021 passed in Writ-C No. 23377 of 2020; Vinod Upadhyay vs. State of U.P. and another has issued directions to the opposite parties to complete the reservation of constituencies latest by 17.3.2021 and thereupon complete the elections of all the Panchayats by 30th April, 2021 and indirection elections to be completed thereafter within fifteen days i.e., by 15th May, 2021.
It is submitted by the learned Advocate General that the entire exercise for providing reservation in the Panchayat Elections has to be done a fresh taking 2015 as the base year, as such, it would not be possible that the reservation of constituencies to be finalized by 17.3.2021. It is stated that they will complete the entire exercise in this regard by 27.3.2021 and hold the elections by 10.5.2021. Indirect election would be completed by 25.5.2021.
We have passed this order considering the changed circumstances, with the consent of parties' counsel and without calling for counter affidavit as well as taking note of the fact that Writ-C No. 23377 of 2020; Vinod Upadhyay vs. State of U.P. and another has been disposed of vide order dated 4.2.2021.
Considering the submissions of learned Advocate General, the impugned order dated 11.2.2021 is hereby quashed. The writ petition is allowed."
Therefore, no further adjudication is warranted in the present petition and the same stands disposed of in the same terms as of order passed in P.I.L. Civil No.6929 of 2021, supra.
Order Date :- 19.3.2021 N Tiwari
(Jayant Banerji,J.) (Sanjay Yadav,J.)
2 issues framed by the court
whether the present PIL requires separate adjudication given that an identical issue was answered by a Division Bench
whether the impugned order dated 11.2.2021 should be quashed in terms of the earlier judgment in Ajay Kumar
Colour shows how this judgement treated each authority
Ajay Kumar Vs. State of U.P.Referred¶6
P.I.L. Civil No.6929 of 2021 (Ajay Kumar Vs. State of U.P. Through Additional Chief Secretary Panchayat Raj, Lucknow and Others)
Vinod Upadhyay vs. State of U.P.Referred¶8
Writ-C No. 23377 of 2020; Vinod Upadhyay vs. State of U.P. and another
Vinay Kumar Singh
State Of U.P.
Other 1
Other 2
Other 3
Sanjay Yadav
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
