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2025 DAILYLAW 53198 (ALL)

AWADHESH KUMAR v. STATE OF U.P. AND 6 OTHERS

WRIC/13984/2025 · 2025-05-05

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72117 Court No. - 33 Case :- WRIT - C No. - 13984 of 2025 Petitioner :- Awadhesh Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Shyam Dhar Gupta Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondent no.1 & 2 and perused the records. 2. In view of the order proposed to be passed herein, no useful purpose would be served by putting the private respondents to notice and keeping this petition pending before this Court. However, in case private respondents feels aggrieved by the order their right to seek modification/variation of the order is being kept reserved. 3. The only prayer made by the counsel for the petitioner is to direct the respondent no.2-Sub Divisional Magistrate, Sadar, District Janupur to decide the Election Petition/Suit No.03935 of 2021, Computer Suit No.T202114360403935, under Section 12C of Panchayat Raj Act, 1947. 4. It is argued by counsel for the petitioner that earlier petitioner has approached this Court for the same relief by filing a petition being Writ C No.8885 of 2022 in which following order was passed by this Court on 06.04.2022 :- "1. Heard learned counsel for the parties. 2. Solitary prayer made by the petitioner is for expeditious disposal of the Election Petition No.T202114360403935 of 2021 filed under Section 12-C of U.P. Panchayat Raj Act, 1947. 3. While emphasis has been laid by learned counsel for the petitioner on the fact that the aforesaid election petition case has remained pending, he prays for urgent disposal of the same. At the same time, keeping in mind the present circumstance arising from the third wave of pandemic COVID-19, no such time stipulation may be provided in the present extreme circumstance. However, it is expected, if circumstance permits, best efforts be made by the respondent authorities to decide the aforesaid election petition, as expeditiously as possible, preferably within the timelines provided under the statute. 4. With the aforesaid observation, present writ petition is disposed of at this stage." 5. It is further argued that inspite of the same till date no final decision has been taken hence present writ petition. 6. On the other hand it is argued by learned Standing Counsel that the authority concerned will take a decision expeditiously. 7. In view of the facts and circumstances of the case, since the matter is pending consideration before the respondent no.2, he is directed to decide the aforesaid election petition expeditiously without granting unnecessarily adjournment. Order Date :- 6.5.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad