N.K. Mehrotra, J. - (1.) This is a writ petition under Article 226 of the Constitution of India for quashing the impugned order dated 13.7.2004 passed by the opposite party No.l in Election Petition No. 2/2/2/7 under section 12-C of the Panchayat Raj Act, 1947 as contained in Annexure-1.
(2.) The petitioner is elected Gram Pradhan of Gram Panchayat Majha Tarhar, Pargana, Tehsil and District Gonda on the basis of the result declared on 26.6.2000. On 3.7.2001, election petition was filed by the opposite party No.2 challenging the election of the petitioner on several grounds which was registered as Election Petition No. 2/2/2/7 under section 12-C of the U.P. Panchayat Raj Act, 1947. According to the petitioner, he appeared after receiving the notices and filed written statement on 24.8.2001. On 26.6.2002, an application for amendment of the written statement was also submitted upon which the objections were invited but that application has not been disposed of. Both the Counsel proposed the issues for determination but no issues were framed and the opposite party No.l is proceeding without framing the issues. The statement of opposite party No.2 was recorded on 3.11.2001, 12.12.2001 and 3.5.2002. The statement is incomplete and opportunity of cross-examination has not been given so far.
(3.) The application for summoning the ballot papers and further application for re-counting submitted by the election petitioner are still pending but the opposite party No.l has started further proceedings without disposal of these applications. On 5.11.2003, an application was submitted by the election petitioner, opposite party No.2 for summoning the ballot papers, ballot boxes account of votes alongwith election voter list from election office. Objections were filed by the petitioner against this application. Opposite party No.l has summoned the documentary evidence by the impugned order. The impugned order is vague and it is not clear what documents have been summoned. In this way, the order by which all documents relating to the election has been summoned has been challenged in this writ petition on the ground that the opposite party No.l is not proceeding according to the prescribed procedure in the election petition and without disposal of the pending application and without framing issues, is proceeding in haste. It is alleged that without conclusion of the evidence, no document should be summoned in respect of the election petition. It is only after the conclusion of the evidence if a prima facie case is made out only then the relevant documents may be- summoned.;