IMPORTANT POINT
Election petitions must be personally presented by the candidate; failure to comply results in dismissal.

JUDGMENT :

Chandra Kumar Rai, J.

1. Heard Mr. Narendra Kumar Pandey, learned counsel for the petitioner, Mr. Awadhesh Kumar Mishra, learned counsel for respondent No.1 and Mr. Krishna Mohan Mishra, learned Additional Chief Standing Counsel for the State-respondents.

2. Brief facts of the case are that petitioner was elected as Pradhan of Gram Panchayat-Khutaha, Block-Haliya, Tehsil Lalganj, District-Mirzapur on the basis of election held on 26. 04.2021. In respect to the aforementioned election of Gram Pradhan, respondent No. 1 filed an Election Petition on 30. 06.2021 under Section 12-C of the Uttar Pradesh Panchayat Raj Act, 1947 (hereinafter referred to as ' the Act of1947') read with Rule 3 (1) of Uttar Pradesh Panchayat Raj (Settlement of Election Dispute) Rules 1994 (hereinafter referred to as 'the Rule of 1994') which was registered as Election Petition No. 1576 of 2021, Computerized Case No.202116530201576.The summon/ notice in the aforementioned election petition was issued accordingly petitioner put in her appearance through counsel on 23-07-2021 and filed her objection dated 08-07-2022 with regard to the maintainability of the election petition as the election petition was not filed in presence of election petitioner. Respondent No.1 filed her cross-objection dated 13-07-2022 to the petitioner's application dated 8-07-2022. Prescribed authority vide order dated 5-08-2022 rejected the objection raised by petitioner with regard to maintainability of the election petition, hence, this writ petition for the following relief.

"(1). Issue order/s or direction/s calling for the record of the case and set aside the orders dated 2-07-2021 and 05-08-2022 (annexure No. 1 to this application) passed in Election Petition No. 1576 of 2021, (Computerized Petition No. T202116530201576) Krishna Devi Vs. Mamata Vs. and others, preferred by the Respondent No.1.

(2). Issue order/s or direction/s to dismiss the Election Petition No. 1576 of 2021, (Computerized Petition No. T202116530201576) Krishna Devi Vs. Mamta and others, preferred by the Respondent No.1".

3. This Court on 09.11.2022 passed the following order:

"Counter affidavit has been filed on behalf of respondent no.1 in the Court today, the same is taken on record.

It is argued by the counsel for the petitioner that on 30.06.2021 the presiding officer was not present in the Court. The pleadings in this regard has been made in paragraph-25 of the writ petition.

In response to the same, a counter affidavit has been filed on behalf of respondent no.1. In paragraph- 2 it is stated that on 30.06.2021 itself the various orders were passed by the same presiding officer and certified copies of the same are appended along-with counter affidavit.

In this view of the matter, the Court is of the opinion that Shri Ashish Mishra, learned Counsel appearing on behalf of High Court of Judicature at Allahabad will seek instructions from the said Prescribed Authority under Section 12(C) of the Uttar Pradesh Panchayat Raj Act & Rules 1994 /Sub Divisional Officer, Lalganj, District - Mirzapur within a week.

Shri N.K. Pandey, learned counsel for the petitioner will supply copy of the present writ petition to Shri Ashish Mishra, learned counsel within 24 hours.

Put up this matter as fresh on 21.11.2022, showing the name of Shri Ashish Mishra A/R-1303/2012 as counsel for the High Court of Judicature at Allahabad/respondent"

4. On 21.11.2022 following order was passed by this Court:

"Pursuant to the order passed by this Court, instructions received from the office of Sub Divisional Magistrate, Lalganj Mirzapur dated 14.11.2022 placed before the Court by Sri Ashish Mishra, learned counsel for the respondent, the same is taken on record. He is directed to provide a copy of the instructions to Sri Narendra Kumar Pandey learned counsel for the petitioner.

As prayed by Sri Narendra Kumar Pandey learned counsel for the petitioner, two weeks time is granted to seek further instructions in the matter from his client.

Put up