1. Heard Shri Sudeep Seth, learned Senior Advocate, Assistated by Shri Upmanyu Srivastava, learned counsel for the petitioner and Shri Raj Baksh Singh, learned Additional Chief Standing Counsel appearing for opposite party Nos. 1 and 2 through video conferencing.
2. This petition has been filed for the following reliefs:
"1. Issue a direction or order commanding the opposite party no. 1 to decide the interim relief application of the election petition (Rajendra Kumar vs. State and others) filed under Section 12(3)C of the U.P. Panchayat Raj Act on 15.05.2021, contained as Annexure no. 2, on or prior to 05.06.2021.
2. Issue a direction or order commanding the opposite party no. 1 to decide the election petition (Rajendra Kumar vs. State and others) filed under Section 12(3)C of the U.P. Panchayat Raj Act on 15.05.2021 within stipulated time.
3. Issue a direction or order commanding the opposite party no. 2 not conduct the oath ceremony qua the gram panchayat-Babukheda Sumerpur, Tehsil- Bighapur, District Unnao before the disposal of the interim relief application filed by the petitioner.
4. To pass any other order in favour of the petitioner as this Hon'ble Court may deem fit in the light of the facts and circumstances and in the interest of justice."
3. Learned Senior Advocate has submitted that the prayer No. 1 has become infructuous.
4. Learned Senior Advoate has pressed his prayer No. 2. His submission is that the election petition is required to be decided with expedition. The Prescribed Authority before whom the petitioner's election petition challenging the election of the Village Pradhan under Section 12(3)C of Panchayat Raj Act is pending, may be directed to decide the election petition within a specified time.
5. The learned Additional Chief Standing Counsel submits that the election petition was filed only on 15.05.2021 and the Prescribed Authority has passed order on that date, issuing notices to the opposite party in the election petition. The next date fixed is 05.06.2021.
6. I have considered the submissions advanced by the learned counsel for the parties and perused the record.
7. The election petition was filed on 15.05.2021 and on that very date the Prescribed Authority passed the order issuing notices to the opposite party fixing 05.06.2021. At this stage of proceedings it cannot be said that the Prescribed Authority is not proceeding with the election petition without expedition and there are laches or delay either on the part of the Prescribed Authority or the opposite parties in the election petition.
8. Under the circumstances as also considering the present scenario, i.e., Covid-19 pandemic this Court finds no justification or occasion to issue any direction to the Prescribed Authority for expeditious disposal of the election petition.
9. However, it does not mean that the election petition is not to be decided expeditiously by the Prescribed Authority.
10. The petition is dismissed at this stage, leaving it open to the petitioner to approach this Court as and when occasion arises for such direction.
Order Date :- 26.5.2021 Mustaqeem