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2003 Supreme(All) 91

PRAKASH KRISHNA, M.KATJU
GANGOTRI DEVI – Appellant
Versus
STATE ELECTION COMMISSION, PANCHAYAT AND LOCAL SELF – Respondent


Advocates Appeared:
O.P.Singh, P.N.Patel, R.C.DWIVEDI, V.C.MISHRA, VIVEK MISHRA

M. KATJU, PRAKASH KRISHNA, JJ.

( 1 ) HEARD the petitioner in person. Sri P. N. Rai has appeared for the respondent Nos. 1 and 2.

( 2 ) THE petitioner has prayed for a writ of certiorari to quash the election for the post of adhyaksha, Zila Panchayat, Kushi Nagar. It is settled law that once election process has started, this Court cannot interfere, and the remedy of the petitioner is to file an election petition after the election result has been declared vide Anugrah Narain Singh v. State of U. P. , 1996 AWC (Suppl) 148 : 1996 (6) SCC 303 : Election Commission v. Ashok Kumar, 2000 (8) SCC 216 and shri Sant Sadguru Janardam Swami Sahkari Dugdha Utpadak Sanstha v. State of Maharashtra, 2001 (8) SCC 509, etc. Under Rule 33 of the U. P. Zila Panchayat (Election of Adhyaksha and upadhyaksha and Settlement of Election Disputes) Rules, 1994, the petitioner can file an election petition which, if filed, will be disposed off expeditiously in accordance with law. The petition is, therefore, dismissed. The interim order, if any, is vacated.


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