Court No. - 18
Case :- WRIT - C No. - 24165 of 2021 Petitioner :- Smt. Uma Devi Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Bharat Singh Pal Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
1. Heard Shri Bharat Singh Pal, learned counsel for the petitioner and learned Standing Counsel for the respondents No.1 to 3-State.
2. An election petition was instituted by the petitioner on 20.05.2021, which came to be registered as Election Petition No.3561 of 2021, Computerized Case No.T2021112610303561 (Smt. Uma Devi Vs. Smt. Laungsri and others), which is pending before the election tribunal/respondent no.3, Prescribed Authority/Sub-Divisional Magistrate, Tehsil-Tilhar, District-Shahjahanpur.
3. The only prayer made by Shri Bharat Singh Pal, learned counsel for the petitioner that the election petition be decided within a stipulated period of time. Reliance is placed on the law laid down in Anita Devi and others Vs. Prescribed Authority, Panchayat Raj and others1.
4. Learned Standing Counsel submits that the election petition can only be decided after all parties to the lis have been duly noticed.
5. This Court in Anita Devi (supra) set its face 1 2016 (6) ADJ 27 against an inordinate delay or unnecessary prolongation of election petitions. Further in the same judgement after a survey of various provisions of the U.P. Panchayat Raj Act, 1947, including Section 12C(5) of the U.P. Panchayat Raj Act, 1947, it was held:
"8. In exercise of powers for nominating the prescribed authority and regulating the method and procedure for presentation and hearing of election petition State of Uttar Pradesh has framed "Uttar Pradesh Panchayat Raj (Settlement of Election Disputes) Rules, 1994." The Rules provide that an application under Section 12-C Rule-3 has to be filed within ninety days from the date the result is declared. Rule-4 provides for the Sub-Divisional Magistrate being the competent authority to hear such election disputes. Rule-4 declare that while deciding such election petitions the Sub-Divisional Magistrate shall summarily follow the procedure applicable under the Code of Civil Procedure 1908 for trial of suits. Such applications can be dismissed, without giving notice to the opposite parties. It shall not be necessary to record the evidence in full and he may only maintain a memorandum of the evidence produced by the parties before him.
9. The Sub-Divisional Magistrate may only allow such evidence be produced as he may deem relevant for the purpose of deciding the election petitions. From the aforesaid rules regulating the procedures for hearing of the election petitions read with Section 12 C sub-rule (5) the intentions of the State Legislature is, that there must be early disposal of the election petitions and if required the rules may provide for summary hearing and disposal of the said election petition.
10. The election petitions must be heard in an expeditious manner and there should not be uncalled for adjournment of such petitions. This is more necessary because of the fact that the elections are for a fixed term and every attempt must be made to settle the disputes pertaining to such elections within reasonable time and nobody should be permitted to linger the proceedings so as to frustrate the election petition or to create a situation where the relief to be granted to the election petitioner may be rendered illusionary.
11. We are of the considered opinion that the Sub- Divisional Magistrate who is appointed as the Election Tribunal under the provisions of Section 12 C of the Panchayat Raj Act must proceed with the election petitions in a business like manner. There should not be any uncalled adjournment on the mere asking of the parties. The time frame provided for in the matter of filing of the written statement must be strictly adhered to. For avoiding adjournment,of the election petitions on the ground that the Sub-Divisional Magistrate is busy with other work or has been assigned other duties, the State Government must issue directions to ensure that the Sub- Divisional Magistrate/Election Tribunal fix at least one particular day in a week on which they shall necessarily hear the election petitions. Adjournment of the election petition on the ground that the election officer is busy with other work has to be avoided except in extremely unavoidable circumstances.
12. In our opinion a general direction must be issued by the State Government to Sub-Divisional Magistrate to make all attempts to decide the election petition filed under Section 12 C preferably within six months of their institution and only in exceptional cases the time limit fixed be extended and that to for reasons to be recorded."
6. The importance of a timely decision of election petitions has been consistently made in judicial authorities of high standing. The Supreme Court in Pukhrem Saratchandra Singh v. Mairembam Prithviraj2 propounded:
"20. A voter casts his vote as a responsible citizen to choose the masters for governing the country. That being the trust of the electorate in an elected candidate, when he faces an assail to his election, it should be his sanguine effort to become free from the assail in the election petition and work with attainment and not take shelter seeking adjournments with the elated hope that he can be triumphant in the contest by passage of time. This kind of attitude has to be curbed from all angles because law does not countenance it.”
7. Similarly an early decision or an expeditious 2 (2015) 16 SCC 149 conclusion of election petitions was found to be imperative for the functioning of democracy in Satya Narain Vs. Dhuja Ram and others3.
8. There is merit in the submission of learned Standing Counsel that in the anxiety to conclude the election proceedings, norms of fair justice and procedural fairness cannot be waived or relaxed. All parties to the lis should be duly noticed.
9. The respondent No.4/newly elected Gram Pradhan is directed to cooperate in the said proceeding and will not seek any unnecessary adjournment before the election tribunal.
10. In wake of the preceding discussion, the writ petition is being disposed of with a direction to the election tribunal to decide the election petition within a period of six months stipulated in Anita Devi (supra).
11. The writ petition is disposed of finally.
Order Date :- 24.9.2021 Ashish Tripathi 3 (1994) 4 SCC 247