Court No. - 74
Case :- WRIT - C No. - 12643 of 2021 Petitioner :- Aftav Alam Respondent :- State Of U.P. 3 Others Counsel for Petitioner :- Rohit Nandan Pandey,Shadab Alam Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
This writ petition has been filed, seeking the following reliefs :
(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents/District Election Officer to recount the votes cast in the election of Gram Panchayat Kanoi, District - Kasganj, which was counted on 02.05.2021.
(ii) Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(iii) Award the cost of the writ petition to the petitioner.
The petitioner has challenged the validity of the elections to the office of Pradhan relating to Gram Panchayat Kanoi, District - Kasganj. He has sought a mandamus, commanding the respondents to publish a revised result, after doing a recount of valid votes cast on 02.05.2021. There are other reliefs sought in terms of restraining implementation of the election results in restraining elected Pradhan-respondent no. 4 from functioning.
Heard the learned Counsel for the petitioner and the learned Standing Counsel appearing on behalf of the State.
Upon a perusal of the writ petition, this Court is of opinion that the grievance raised by the petitioner is one which ought to be raised in an election petition under Section 12-C of The Uttar Pradesh Panchyat Raj Act, 1947 (for short "the Act of 1947"). It cannot be agitated through the present writ petition. It is pointed out that there are difficulties in presenting election petitions to the jurisdictional Sub Divisional Magistrate (for short "SDM") on account of the CoViD-19 pandemic and the dysfunctional infrastructure of the Court and the Bar at the SDM's level, a feature that has compelled the petitioner to approach this Court. It is also submitted that going by experience, the SDMs do not have time or inclination to expeditiously decide election petitions, as they are busy with administrative work, leading to the cause of action being ultimately frustrated.
Bearing in mind the extraordinary situation caused by the current second wave of the CoViD-19 pandemic, some relaxation in the prescribed period of limitation is required to be granted. Considering the totality of circumstances, this Court declines to interfere with the impugned elections on the ground of availability of an equally efficacious alternative remedy under Section 12-C of the Act of 1947. However, under the circumstances, it is expedient, in the interest of justice, to provide that in the event an election petition is presented within one month of date, notwithstanding the limitation provided under the Statute, the same shall be entertained by the SDM personally and after due notice to all parties, shall be tried and decided in accordance with law, within a period of six months from the date of presentation of the election petition, without fail.
This petition is disposed of in terms of the orders aforesaid.
Let this order be communicated to the SDM, Kasganj through the District Magistrate, Kasganj by the Joint Registrar (Compliance).
Digitally signed by Jahangir Jamshed Munir Date: 2021.06.03 15:06:36 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 26.5.2021 Deepak/I. Batabyal