This writ petition involved a failure to conclude election proceedings. The Court directed the lower authority to expedite the trial within six months and order the proceedings to continue even during lawyer strikes.
Direction to Prescribed Authority to conclude election proceedings within six months without adjournments even during lawyer strikes.
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Court No. - 6
Case :- WRIT - C No. - 27347 of 2021
Petitioner :- Radheshyam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dharmendra Prasad Singh Counsel for Respondent :- C.S.C.,Mahendra Bahadur Singh
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
Supplementary affidavit filed today is taken on record.
Petitioner who has lost elections of Gram Pradhan had filed the election petition before the respondent no. 2 under Section 12 (C) of the U.P. Panchayat Raj Act on 27.05.2021. In the aforesaid case notices were issued to the opposite party and the gazette publication has already been made.
From perusal of the record, it transpires that on five occasions the lawyers were on strike.
Considering the fact that the term of Pradhan is only for five years and about six months have lapsed since filing of the writ petition, the matter could not proceed and only dates have been by the court concerned, this Court directs the respondent no. 2/Prescribed Authority/Sub Divisional Magistrate, Mariyahu, District Jaunpur to proceed with the election petition and conclude the proceedings, in accordance with law, preferably within a period of six months from the date of receipt of a certified copy of this order, after hearing all the concerned parties.
It is also made clear that no adjournment shall be granted to either of the parties and in case lawyers are on strike, the Prescribed Authority shall proceed in the matter in presence of litigants and shall not adjourn the case.
Writ petition stands disposed of.
Order Date :- 16.11.2021 Shekhar
2 issues framed by the court
Whether the election petition proceedings should be expedited given the lapse of time and the short term of office.
Whether the Prescribed Authority is directed to proceed with the election petition despite lawyer strikes.
1 provisions across 1 enactments
Radheshyam
State Of U.P.
2 Others
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
