High Court of Judicature at Allahabad
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Smt. Maya Gupta v. State Of U.P. Thru' Secy. Nagar Vikas & Ors. - WRIT - C No. 58087 of 2005  RD-AH 2497 (7 September 2005)
Hon'ble Sushil Harkauli J.
Hon'ble Vikram Nath J.
Having regard to the wording of Section 54(2) of the U.P. Municipalities Act 1916 which provides the tenure to be one year from the date of election, we are unable to agree with the learned counsel for the petitioner that the date of election must be the date on which the election is notified in the gazette. Learned counsel for the petitioner has not cited any authority that the date of election is not the date on which date the Returning Officer declared the result.
Further even from the date of notification i.e. 23.10.2004 less than two months are left from the date of expiry of the tenure.
Therefore, if we direct for exchange of counter and rejoinder affidavit the writ petition will become infructuous by the time it is listed for hearing.
On the other hand if we grant interim order it would amount to finally allowing the writ petition which again is not permissible.
In the circumstances, the writ petition is dismissed.
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