- (1.) Heard Shri A. M. Tripathi, learned counsel for the petitioner, Shri K. K. Shukla, learned State Counsel, Shri D. K. Tripathi, learned counsel appearing on behalf of opposite party no.2 and perused the record.
(2.) Undisputed facts of the present case are that in the year 2010, an election was held for electing of Pradhan, Gram Panchayat, Hasanpur, Tewari Block Bazar Shukul District-Amethi, the petitioner has been declared as successful candidate, elected as a Pradhan, opposite party no.2/Smt. Geeta Devi filed an Election Petition No.5 of 2010 under Section 12 (C) of U.P. Panchayat Raj Act (herein after referred to as the Act).
(3.) Thereafter, Smt. Geeta Devi approached this Court by filing Writ Petition No.12571 of 2010 (Smt. Geeta Devi vs. State of U.P.), disposed of by order dated 22.12.2010 on reproduction reads as under :- "The petitioner has already filed election petition before the prescribed authority. Hence the present writ petition is not maintainable in view of judgment of Hon'ble Supreme Court reported in AIR 1978 SC 851: Mohinder Singh Gill and another Vs. The Chief Election Commissioner New Delhi and others. However, submission is that the prescribed authority may keep the election petition pending for unlimited period. The statutory provision does not provide to keep the election petition pending. In view of the above, we permit the petitioner to prefer an application for recounting concerned before the prescribed authority which shall be decided within six months and the election petition filed by the petitioner shall be decided within one year from the date of receipt of a certified copy of this order. The writ petition is finally disposed of. ";