Election petitions require proper consideration in accordance with law and cannot be disposed of within a specific time frame.

Headnote:
Fact of the Case:

The petitioner filed a writ petition before the Allahabad High Court seeking a direction to the Sub-Divisional Magistrate/Election Tribunal Dispute to expeditiously dispose of an election petition filed by her 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 any order to decide it in a time-bound manner would not be appropriate.
Issues: Whether the court can direct the Election Tribunal to dispose of an election petition within a specific time frame.
Ratio Decidendi: The court held that it cannot direct the Election Tribunal to dispose of an election petition within a specific time frame, but the Tribunal will 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 decide the election petition expeditiously, if there is no legal impediment.

Court No. - 34

Case :- WRIT - C No. - 40036 of 2022

Petitioner :- Arti

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Shailesh Verma

Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Shyam Shamshery,J.

Heard Sri Shailesh Verma, 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/Election

Tribunal Dispute, Tehsil Harraiya, District Basti

(respondent no. 2) to expeditious disposal of

Election Petition No. 7052 of 2021, Computerized

Case No. T202117140107052 (Arti vs. Vijay

Laxshmi 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