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Smt. Sushila Devi v. State Of U.P. And Others - WRIT - C No. 11343 of 2007  RD-AH 7157 (18 April 2007)
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.
BM/- wp 11343-07.
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