Manoj Misra, J. - (1.) Heard learned counsel for the petitioner; learned Standing Counsel for respondents 1 and 3; Sri Tarun Agrawal for respondent no.2; and Sri P.K. Jain assisted by Shreya Gupta for respondent no.5 (returned candidate).
(2.) The present petition has been filed under Article 227 of the Constitution of India for direction upon the Election Tribunal to decide Election Petition No.523 of 2017 within specified period with further prayer that a direction be issued upon the concerned Tribunal to take appropriate decision on the interim application filed by the petitioner in the said Election Petition. In addition to above, a direction has been sought to restrain respondent no.5 from functioning as Chairman, Nagar Palika, district Muzaffar Nagar.
(3.) From the record it appears that result of election was declared on 1st December, 2017 and the Election Petition was filed on 5th December, 2017. It further appears that the Election Tribunal has taken a decision to serve notice on returned candidate as well as other opposite parties through substituted means of service. The present petition has been sworn on 18th December, 2017 and has been filed in the Registry on 20th December, 2017.;