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SMT. SUSHILA DEVI versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Smt. Sushila Devi v. State Of U.P. And Others - WRIT - C No. 11343 of 2007 [2007] RD-AH 7157 (18 April 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Sunil Ambwani, J.

By this writ petition, the petitioner, who is the elected candidate, has challenged the order dated 18.1.2007 passed by the Sub Divisional Officer, Etah by which he has refused to decide issue no. 6 as a preliminary issue.  It is contended that the Tribunal should first decide the procedure in accordance with which the election petition should be heard and then the issue whether the petitioner can file a petition.

Section 12-C of the Panchayat Raj Act provide for the method and procedure to decide the election petition.  This issue can also be raised at the time of hearing of the election petition.  The anxiety of the petitioner to stay  all the proceedings which is likely  to be heard soon is totally misplaced.

The writ petition is dismissed.

Dt. 18.4.2007.

BM/- wp 11343-07.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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