Court No. - 42
Case :- WRIT - C No. - 25809 of 2021 Petitioner :- Gaddu Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Baijant Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed seeking direction to the respondent no. 3, Sub Divisional Magistrate, Tehsil Padarauna, District Kushinagar to consider and decide the Election Petition filed by the petitioner in Case No. 4252 of 2021 (Computer No. T-20210550104252) under Section 12(C) (1) U.P. Panchayat Raj Act, 1947 (Gaddu vs. Virendra and Others),within stipulated period.
In view of the settled law that the election petition itself is liable to be decided at the earliest, it is directed that the respondent no. 3 shall decide the election petition itself preferably within a period of six months from the date of production of a self attested copy of this order, which may be verified from the official website of this Court provided lawyers are not abstaining from work, functioning of the court is not affected due to COVID-19 Pandemic and there is no other legal impediment.
It is further provided that the dates on which the lawyers are abstaining from work shall be treated to be excluded from the period within which the proceedings are directed to be completed and in case the petitioners appear in person, the authority concerned shall proceed to conclude the proceedings.
With the aforesaid observations, present petition stands disposed of.
Order Date :- 7.10.2021 Aditya