Allahabad High Court
Smt Kehkashan vs State Of U.P. And 2 Others on 3 December, 2022
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- WRIT - C No. - 35836 of 2022 Petitioner :- Smt Kehkashan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Siddharth Nandan,Imtiaz Husain Counsel for Respondent :- C.S.C.,Harsh Vardhan Gupta Hon'ble Prakash Padia,J.
The petitioner has preferred the present petition inter-alia with the prayer to quash the order dated 17.08.2022 passed in Election Petition No.T202113740404085 (Ashraf Khan vs. Smt. Kehkasha and others) under Section 12-C of Panchayat Raj Act, 1947 passed by the Prescribed Authority/ Sub Divisional Magistrate, Chandausi, District Sambhal.
It is argued by the counsel for the petitioner that on the application filed by the petitioner dated 17.08.2022 in which it is stated that under Rule 3 (1) of U.P. Panchayat Raj Settlement of Election Dispute Rules, 1994, an application was filed to decide the maintainability of the election petition first and thereafter to decide the main issue. The said application was rejected by the Prescribed Authority/respondent no.2 vide order dated 17.08.2022, hence the present petition.
It is argued by the counsel for the petitioner that order impugned namely 17.08.2022 passed by the respondent no.2 is without consideration of the law laid down by this Court in the case of Lokendra Singh vs. State of U.P. & 2 others passed in Writ C No.13760 of 2022 decided on 16.05.2022. The operative portion of the aforesaid judgment is reproduced below:-
"9. In view of the above, the present petition is disposed of with a direction, in case, the petitioner files a copy of this order before the respondent no.2 within a period of two weeks from today, the said respondent shall first proceed to deal and decide the issue nos. 12, 15 and 16, as expeditiously as possible, preferably within a period of three months therefrom. Only in the event of those issues being decided against the petitioner, the matter may proceed on merits. "
It is admitted between the parties that controversy involved in the present case is absolutely identical, hence the petitioner is also entitled for the same relief as has been granted by this Court in the case of Lokendra Singh (Supra).
In view of the above, the present writ petition is disposed of finally with the direction that in case the petitioner files a copy of this order before the respondent no.2 within a period of two weeks from today, the respondents shall first proceed and decide the application dated 17.08.2022 strictly in accordance with law and also observations made by this Court in the case of Lokendra Singh (Supra), as expeditiously as possible and preferably within a period of one month thereafter. Only in the event of those issues being decided against the petitioner, matter may proceed on merits.
Order Date :- 3.12.2022 Swati