Election petitions require proper consideration in accordance with law, and it is not appropriate for the court to direct the Election Tribunal to decide them in a time-bound manner.

Headnote:
Fact of the Case:

The petitioner filed a writ petition before the Allahabad High Court seeking a direction to the Sub-Divisional Magistrate to expeditiously dispose of an election petition filed under Section 12C of the U.P. Panchayat Raj Act, 1947.
Finding of the Court:

The court observed that an election petition requires proper consideration in accordance with law and that any order to decide it in a time-bound manner would not be appropriate.
Issues: Whether the court can direct the Election Tribunal to decide an election petition in a time-bound manner.
Ratio Decidendi: The court held that it is not appropriate to direct the Election Tribunal to decide an election petition in a time-bound manner, but that the Tribunal should take all endeavors to decide the petition expeditiously in accordance with law.
Final Decision: The writ petition was disposed of with the observation that the Election Tribunal will take all endeavors to decide the election petition expeditiously, in accordance with law, if there is no legal impediment.

Court No. - 34

Case :- WRIT - C No. - 40067 of 2022

Petitioner :- Smt Sangeeta

Respondent :- State Of U.P. And 7 Others

Counsel for Petitioner :- Sanjeet Kumar Mishra

Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Shyam Shamshery,J.

Heard learned counsel for the petitioner and

learned Standing Counsel for the State-

respondents.

Petitioner before this Court is praying for a

direction to the Sub-Divisional Magistrate, Tehsil

Mawana, District Meerut (respondent no. 4) to

expeditious disposal of Election Petition No. 7659

of 2022 (Smt. Sangeeta vs. Smt. Priyanka and

others) under Section 12C of U.P. Panchayat Raj

Act, 1947.

An election petition is required proper

consideration in accordance with law, therefore,

any order to decide it in a time bound manner,

would not be an appropriate order. However, the

Election Tribunal will take all endeavour to decide

the aforesaid election petition expeditiously, in

accordance with law, if there is no legal

impediment.

With aforesaid observation, the writ petition stands

disposed of.

Order Date :- 6.1.2023

Puspendra

Digitally signed by :-

PUSPENDRA NARAYAN SINGH

High Court of Judicature at Allahabad