Pramod Kumar v. Arati and 13 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12671 of 2023 Petitioner :- Pramod Kumar Respondent :- Arati And 13 Others Counsel for Petitioner :- Ram Pravesh Pandey Counsel for Respondent :- Tarun Agrawal Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Saurabh Pandey, Advocate, under the authority of Shri Ram Pravesh Pandey, learned counsel for the petitioner. Shri Dileep Kumar Srivastava, Advocate, has put in appearance on behalf of the respondent nos. 1 and 4, learned Standing counsel has put in appearance on behalf of the State respondents and Shri Tarun Agarwal, Advocate, has put in appearance on behalf of the respondent no. 3. No one has put in appearance on behalf of the respondent no. 5 and 6.

¶2Considering the nature of the order that is proposed to be passed notice upon the private respondents nos. 7 to 14 is hereby dispensed with.

¶3Present petition, under Article 227 of the Constitution of India, has been filed seeking direction to the District Judge, Mau, to decide the Election Petition No. 08 of 2023 (Pramod Kumar vs. Arti and others), within the time stipulated by this Court.

¶4Learned counsel for the petitioner submits that election for the post of Chairman Nagar Panchayat Madhuban, District-Mau, was held on 11.05.2023 and counting of votes took place on

13.05.2023. In the said election the petitioner and the respondent no.1 were contested for the post of Chairman. The respondent no. 1 was declared winner by securing 3077 votes and a certificate to that effect was issued in her favour on the same day i.e.

13.05.2023. The petitioner has filed the aforesaid case against the respondent no. 1, for cancellation of the election of the respondent no. 1 on the post of Chairman, Nagar Panchayat Madhuban, District-Mau.

¶5Heard learned counsel for the parties and perused the record.

¶6From perusal of the order sheet, annexed as annexure no. 2, to the petition, it is borne out that the case was lastly listed on

29.11.2023 and the case was adjourned for 04.12.2023 for filing objection and replication on issues.

¶7Considering the fact that the aforesaid case, is pending consideration, before the District Judge, Mau, this Court is of the opinion that no useful purpose would be served by keeping the writ petition pending and the same is accordingly disposed off by requiring the District Judge, Mau, seized with the Election Petition No. 08 of 2023 (Pramod Kumar vs. Arti and others) to consider and decide the case expeditiously, preferably within a period of six months, from the date of production of certified copy of the order of this Court, strictly in accordance with law, without granting unnecessary adjournments to either of the parties. Order Date :- 11.12.2023 Deepak/ High Court of Judicature at Allahabad