Court No. - 32
Case :- WRIT - C No. - 15128 of 2021 Petitioner :- Sudei @ Sudevi Respondent :- State Of U P And Another Counsel for Petitioner :- Sanjay Singh,Suresh Chandra Yadav Counsel for Respondent :- C.S.C.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Sanjay Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
This writ petition has been filed with the following prayer:-
"Issue a writ, order or direction in the nature of mandamus directing the respondent No.2 to decide the Election Petition No.T2021143602167 of 2021 (Sudei @ Sudevi Versus Sharda Devi) filed under Section 12-C of the U.P. Panchayat Raj Act, 1947, which is pending before the respondent no.2 within a stipulated time."
It is contended by learned counsel for the petitioner that the petitioner has contested the election of the Gram Pradhan, but he has lost the same. Petitioner has filed an election petition challenging the election before the respondent no.2 on 03.05.2021, which is pending consideration.
According to learned counsel for the petitioner, the provisions of Section 12-C provides that said election petition has to be decided within a period of six months.
I have heard learned counsel for the parties and perused the material on record.
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 direction for early decision of the election petition can be given, at this stage.
Writ petition stands disposed of.
Order Date :- 27.7.2021//SK Goswami