Court No. - 32
Case :- WRIT - C No. - 15135 of 2021 Petitioner :- Ram Narayan Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Om Prakash Rai,Ashish Rai Counsel for Respondent :- C.S.C.
Hon'ble Rohit Ranjan Agarwal,J.
This writ petition has been filed with the following prayer:-
"Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.3 to decide the election petition bearing Computerized Case No.T202115060401714 (Ram Narayan Vs Virendra and others) as soon as possible."
From the perusal of record, it reveals that the petitioner who contested the election of Village Pradhan had lost the same. An election petition was filed on 13.05.2021 before the respondent no.2 under Section 12-C of the U.P. Panchayat Raj Act, 1947.
The Act does not mandate nor provide for the decision of the election petition within fixed frame work of time. Though, Uttar Pradesh Panchayat Raj (Settlement of Election Disputes) Rules, 1994 provides for a period of 90 days within which the election petition can be filed under Section 12-C of the U.P. Panchayat Raj Act. The Rule does not provide any time frame within which the election has to be decided. In the present case, the petitioner has rushed to this Court within two months of filing of the election petition.
In view of the above, no such relief can be granted, at this stage. Writ petition stands disposed of.
Order Date :- 27.7.2021 SK Goswami