Court No. - 40
Case :- WRIT - C No. - 12622 of 2021 Petitioner :- Smt. Vandana Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Brij Bhushan Paul,Anand Prakash Paul Counsel for Respondent :- C.S.C.,Suraj Kumar Singh
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard Sri A.P. Paul for the writ petitioner; Sri Tarun Agrawal for the U.P. State Election Commission; learned Standing Counsel for the State- respondents; and Sri Ashish Singh with Sri S.K. Singh for the respondent no.5.
The writ petitioner has challenged declaration of the respondent no.5 as Member elected of Kshetra Panchayat, Block Development Council (B.D.C.) of Ward No.88, Village Gaura Kala, Vikas Khand Chiraigaon, Tehsil Sadar, District Varanasi.
It is not in dispute that against such declaration there is alternative remedy of an election petition available.
Sri A.P. Paul, learned counsel for the petitioner, however, submits that on account of lockdown the remedy of an election petition cannot be availed and therefore the writ petition may be entertained.
As the lockdown currently is till 31st May, 2021 and the running of the period of limitation has been suspended by order of the superior court, upon opening of the lockdown, the writ petitioner can avail the alternative remedy of an election petition, therefore we do not consider it appropriate to entertain the writ petition straightaway.
The writ petition is thus disposed off with liberty to the writ petitioner to file an election petition in accordance with law. It is expected that if an election petition is filed, the same shall be considered expeditiously in accordance with law.
Order Date :- 26.5.2021 AKShukla/-
Digitally signed by Justice Manoj Misra Date: 2021.05.26 13:45:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SYED AFTAB HUSAIN RIZVI Date: 2021.05.26 13:46:17 IST Reason: Document Owner Location: High Court of Judicature at Allahabad