The court directed the Sub-Divisional Magistrate to decide a pending election petition under Section 12C of U.P. Panchayat Raj Act within one year, without expressing opinion on maintainability or merits.
Directions issued to decide the election petition preferably within one year.
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Court No. - 4
Case :- WRIT - C No. - 3504 of 2022
Petitioner :- Rohit Respondent :- Sub Divisional Magistrate And 8 Others Counsel for Petitioner :- Ravindra Prakash Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard learned counsel for the petitioner and learned counsel for the respondents.
The present petition has been filed praying for a direction to the Sub-Divisional Magistrate, Naugarh, District-Siddharth Nagar to decide the election petition No.T202117630103778 (Rohit Vs. Maya Devi and others) under Section 12C of U.P. Panchayat Raj Act.
Without entering into the merits of the case, the Sub-Divisional Magistrate, Naugarh, District-Siddharth Nagar is directed to decide the aforesaid application preferably within a period of one year from the date a copy of this order is produced before him, if still pending, and in case there is no legal impediment in deciding the aforesaid application.
With the aforesaid direction, the petition is disposed of.
It is clarified that the Court has not expressed any opinion either regarding the maintainability of the case or the merits of claim made in the petition.
Order Date :- 23.3.2022 Ashutosh
Digitally signed by ASHUTOSH SINGH Date: 2022.03.23 18:20:41 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner is entitled to a direction to decide the pending election petition under Section 12C of U.P. Panchayat Raj Act.
Rohit
Sub Divisional Magistrate And 8 Others
Salil Kumar Rai
Ashutosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
