ANITA DEVI AND ORS. Vs. PRESCRIBED AUTHORITY, PANCHAYAT RAJ AND ORS.
LAWS(ALL)-2016-3-90
HIGH COURT OF ALLAHABAD
Decided on March 31,2016

Anita Devi And Ors. Appellant
VERSUS
Prescribed Authority, Panchayat Raj And Ors. Respondents

JUDGEMENT

- (1.) These five writ petitions have been filed for writ of mandamus commanding the Election Tribunal to decide the election petition filed under Section 12 C of the Panchayat Raj Act in an expeditious manner. In all the cases it is alleged by the election petitioners that on various dates the proceedings of the election petition have only been adjourned because the Sub-Divisional Magistrate who has been appointed as the prescribed authorities is stated to be busy in other work. It is submitted that the very purpose of filing the election petition is frustrated because of adjournment and delay in deciding the same within reasonable time. It is submitted that the elections are held for an office of a fixed term. The order of the Election Tribunal can be subjected to challenge by way of revision and in case the proceedings are not concluded in expeditious manner there is every likelihood that the proceedings itself may be rendered infructuous by passage of time i.e. expiry of the term of the office concerned.
(2.) We may take note of the fact that large number of similar petitions are filed before this Court where the prayer is that the Election Tribunal may be directed to decide the election petition expeditiously without granting any unnecessary adjournment, in a time bound manner.
(3.) We have been confronted with the orders where the High Court has issued directions for election petitions being decided within a period of six months.;


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