Smt. Pushpa v. State of U.P. and 10 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12154 of 2023 Petitioner :- Smt. Pushpa Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Satyendra Narayan Singh,Vikas Singh Counsel for Respondent :- C.S.C. Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri S.N.Singh, learned counsel for the petitioner.

¶2Considering the nature of the order that is proposed to be passed notice upon the private respondents is hereby dispensed with.

¶3Present petition, under Article 227 of the Constitution of India, has been filed seeking a direction to the District and Sessions Judge, Ghaziabad, to decide the Election Petition No. 32 of 2023 (Smt. Pushpa Vs. District Election Officer, Ghaziabad and others) under Section 19 of U.P. Municipal Act, 1916, filed by the petitioner, within two months.

¶4Learned counsel for the petitioner submits that the Election Petition, filed by the petitioner, bearing Election Petition No. 32 of 2023 (Smt. Pushpa Vs. District Election Officer, Ghaziabad and others) under Section 19 of U.P. Municipal Act, 1916 is pending before the District and Sessions Judge, Ghaziabad, and the purpose of filing present petition shall stands served if the appropriate directions are issued to the District and Sessions Judge, Ghaziabad, to conclude and decide the Election Petition, within the time frame fixed by this Court.

¶5Considering the fact that the aforesaid Election Petition is pending consideration, before the District and Sessions Judge, Ghaziabad, this Court is also of the opinion that no useful purpose would be served by keeping the writ petition pending and the same is accordingly disposed of by requiring the District and Sessions Judge, Ghaziabad, seized with the Election Petition No. 32 of 2023 (Smt. Pushpa Vs. District Election Officer, Ghaziabad and others) under Section 19 of U.P. Municipal Act, 1916, to consider and decide the case expeditiously, preferably within a period of 5 months, from the date of production of certified copy of order of this Court, strictly in accordance with law. Order Date :- 30.11.2023 Deepak/ High Court of Judicature at Allahabad