ISHWAR DEVI AND ANOTHER Vs. PARGANA ADHIKARI (S.D.O.), ZAMANIA, GHAZIPUR AND OTHERS
LAWS(ALL)-1988-7-64
HIGH COURT OF ALLAHABAD
Decided on July 05,1988

Ishwar Devi And Another Appellant
VERSUS
Pargana Adhikari (S.D.O.), Zamania, Ghazipur And Others Respondents

JUDGEMENT

J.N. Dubey, J. - (1.) Petitioners are aggrieved by the orders of the Sub-Divisional Officer, Zamania rejecting their stay applications in the pending election petitions under Section 12-C of U.P. Panchayat Raj Act.
(2.) Having heard the learned Counsel for the petitioners I do not find any merit in this writ petition. The Sub-Divisional Officer has rightly refused to stay handing over charge of the office of the Pradhan to the contesting respondents who have been elected in the last general election. It is now well settled that elected representatives of the peoples cannot be restrained from functioning on their elected posts during pendency of the election petitions filed against them. The writ petition is devoid of merits and is accordingly dismissed.
(3.) However, considering the limited controversy involved in the election petitions, I direct the Sub-Divisional Officer, Zamania to decide the election petitions within six months from the date of production of a certified copy of this order before him.;


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