Surya Prakash Kesarwani, J. - (1.) Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
(2.) The petitioner had filed Election Petition No. 05 of 2016 on 21.01.2016 under Section 12-C of the U.P. Panchayat Raj Act, 1947 (hereinafter to be referred as the 'Act') for declaring invalid the election of the respondent No. 4 as Pradhan of village Panchayat Bada Gaon Bhikkhi, Vikas Khand and Tehsil Derapur, District Kanpur Dehat. Prior to filing of the aforesaid election petition, the petitioner had filed a writ petition being Writ-C No. 69793 of 2015 for recounting of votes. The writ petition was disposed of by the Division Bench by order dated 05.01.2016 on the ground of alternative remedy of filing an election petition under Section 12-C of the Act, with the direction that the competent authority shall make endeavour for expeditious disposal of the election petition preferably within a period of six months from the date on which election petition is filed in accordance with the procedure prescribed.
(3.) It appears that since the election petition filed by the petitioner was not being decided by the Prescribed Authority and as such the petitioner filed Contempt Application (Civil) No. 4216 of 2016 in which an order was passed on 26.08.2016 directing to file counter affidavit or else the charges may be framed after summoning the noticee.;