Court No. - 74
Case :- WRIT - C No. - 12637 of 2021
Petitioner :- Rajendra Kushwaha
Respondent :- State Of U.P And 7 Others
Counsel for Petitioner :- Alok Kumar Srivastava,Rajan Tripathi
Counsel for Respondent :- C.S.C.,Kaushlesh Pratap Singh
Hon'ble J.J. Munir,J.
(Order on Civil Misc. Exemption Application No. Nil of 2021)
The Exemption Application is allowed.
Let it be numbered by the Office.
(Order on the Writ Petition)
This writ petition has been filed, challenging the elections to the office of Pradhan relating to Village Panchayat - Manda, Block
- Maitha, District - Kanpur Dehat.
The petitioner has challenged the validity of the elections to the office of Pradhan relating to Village Panchayat - Manda, Block
- Maitha, District - Kanpur Dehat. He has sought a mandamus, commanding the respondents to publish a revised result, after doing a recount of valid votes cast on 29.04.2021. There are other reliefs sought in terms of restraining implementation of the election results in restraining elected Pradhan-respondent no. 8 from functioning.
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 instrastructure 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 Sub Divisional Magistrate, Kanpur Dehat concerned through the District Magistrate, Kanpur Dehat by the Joint Registrar (Compliance).
Order Date :- 26.5.2021 Brijesh Maurya
Digitally signed by Jahangir Jamshed Munir Date: 2021.06.03 15:04:24 IST Reason: Document Owner Location: High Court of Judicature at Allahabad