Hon'ble Manish Mathur,J.
The case is taken up through video conferencing. It is accompanied with an application for urgency which on consideration is allowed.
Heard learned counsel for petitioner, learned Additional Chief Standing Counsel who has accepted notices on behalf of opposite parties no.1 and 3 as well as Mr. Julfikar Naqvi, learned counsel holding brief of Mr. Rohit Tripathi, learned counsel appearing for opposite party no.2 and perused the record.
In view of order being proposed to be passed, notices to opposite parties no.4 and 5 stand dispensed with.
The writ petition has been filed seeking following reliefs:
"(i) Issue a writ, order or direction in the nature of Mandamus commanding the opp parties no.1 to 3 to ensure the fair, fearless & peaceful election which is scheduled to be held on 19.04.2021 for the village panchayat Retwagarha, Block Mujehna, Police Station Danepur, District Gonda, in the interest of justice.
(ii) Issue a writ, order or direction in the nature of Mandamus commanding the opp. party no.1 to 3 to maintain law & order and carry out the election of the village panchayat Retwagarha, Block Mujehna, Police Station Danepur District Gonda, under the supervision of Paramilitary Forces/ Central Reserve Police Force as well as in Camera proceedings by making videography for ensuring fair election and further also restrain to the opp. parties no.4 & 5 from making booth capturing of the polling booths of above said village panchayat Retwagarha, in the interest of justice.
(iii) Issue a writ, order or direction in the nature of Mandamus commanding the opp. party no.2 to decide the representation dated 22.02.2021, contained as Annexure no.1 to this writ petition, as early as possible, in the interest of justice.
(iv) Issue any other order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case may also be passed in favour of the petitioner.
(v) Allow the writ petition with costs."
There is no material on record to support the apprehension of the petitioner that the incoming panchayat election would not be held in a fearless and peaceful manner in village panchayat Retwagarha, Block Mujehna, Police Station Danepur, District Gonda.
The writ petition, as such, does not call for any interference, it is accordingly dismissed.
However, it is needless to observe that it is the bounden duty of concerning opposite party to ensure that the elections are held in proper and fair manner.
(Manish Mathur,J.) (Ritu Raj Awasthi,J.) Order Date :- 12.4.2021 Subodh/-