Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 3714 of 2019 Petitioner :- Ajai Respondent :- Ravindra Nath And 7 Others Counsel for Petitioner :- Deepak Singh Counsel for Respondent :- Arvind Kumar Kushwaha,Ashish Kumar (Nagvanshi)
Hon'ble Manoj Kumar Gupta,J.
Heard Shri C.K.Parikh, learned Senior Counsel assisted by Shri Deepak Singh for the petitioner and Shri Ashish Kumar Nagvanshi, learned counsel for respondent no. 1, the main contesting party.
The petitioner had challenged the election of respondent no. 1 as Chairman, Nagar Panchayat, Chandauli, by filing election petition before the District Judge, Chandauli. It is pending before Additional District Judge, Court No. 01, Chandauli.
The instant petition has been filed praying for transfer of the election petition to some other district under Section 43-BB of the U.P. Municipalities Act, 1916. The sole ground on which transfer is being sought is that the contesting respondent is delaying the disposal of the proceedings.
In opinion of the Court, the same alone would not constitute a sufficient ground to transfer the proceedings. The effort on part of respondent no. 1 to delay the proceedings could be taken care of by directing the court below to decide the petition within a specified time frame.
Learned Senior Counsel for the petitioner submitted that a direction be issued to the Additional District Judge, Court No. 1, Chandauli, to decide the election petition within a fixed time frame, to which counsel for respondent no. 1 has no objection.
Accordingly, the instant petition is disposed of by providing that the election petition shall be decided by the court below expeditiously by fixing short dates preferably within a period of six months from the date of production of certified copy of this order.
Order Date :- 22.8.2019 VR (Manoj Kumar Gupta, J.)