Archana Vs State of U.P. and 4 Others

Court No. - 6

Case :- WRIT - C No. - 25207 of 2021

Petitioner :- Archana Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nirbhay Kumar Bharti Counsel for Respondent :- C.S.C.,Adarsh Srivastava

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Hon'ble Rohit Ranjan Agarwal,J.

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This writ petition has been filed with the following prayers;

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[i] Issue a writ, order or direction in the nature of mandamus directing the respondent Nos. 2 and 3 to recount the votes of election of Pradhan of Gram Panchayat of aforesaid Gram Panchayat forthwith.

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[ii] Issue a writ, order or direction in the nature of mandamus directing the respondent No. 4 to decide the Election Petition No. 1827 of 2021 filed by the petitioner, within stipulated period as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case in accordance with law.

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From perusal of the record, it transpires that the petitioner has lost the election of Gram Pradhan and instituted an election petition which is pending consideration before the respondent no. 4.

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The first prayer for recounting of the votes of the election in question cannot be granted by this Court as election petition filed under Section 12 (c) of U.P. Panchayat Raj Act is already engaging the attention of respondent no. 4.

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As far as the second prayer is concerned, this Court after perusal of the order-sheet of the case appended alongwith the writ petition, directs the respondent no. 4/Nirwachan Nyaydhikaran/Nyaalaya Upziladhikari, Saidpur, District Ghazipur to make every endeavor to conclude the said proceedings, in accordance with law, preferably within a period of next six months from the date of receipt of certified copy of this order, after hearing all the concerned parties.

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Writ petition stands disposed of.

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Order Date :- 16.11.2021 Shekhar

Archana v. State of U.P. and 4 Others

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Archana v. State of U.P. and 4 Others

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