High Court of Judicature at Allahabad
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Nageshwar And Others v. State Of U.P. And Others - WRIT - C No. 26319 of 2007  RD-AH 10365 (4 June 2007)
HON. SHISHIR KUMAR, J
By means of the present writ petition the petitioners have approached this Court for a writ of mandamus directing the respondents to decide the objection first without holding the election.
The petitioners submit that earlier the petitioners have approached this Court regarding adjournment of process of election. The writ petition was disposed of directing the respondent No.2 to decide the objection filed by the petitioners. Now the petitioners state that the objection filed by the petitioners has not been decided and the respondents dehors has announced the process of election to be held on 21.6.2007. The submission of the petitioner is that it is not permissible under the Rules.
The reliance has been placed upon a Division Bench Judgment of this Court in Rajeev Kumar Vs. Registrar Co-operative Societies U.p.Lucknow and others reported in 1996 (1) UPLBEC, 70. In support of the aforesaid contention, the petitioners submit that the election can be held only from the place where the process of earlier election came to an end.
I have heard learned counsel for the parties.
As the objection of the petitioners is still pending and the date of election is 21.6.2007, therefore, in my opinion, it will be appropriate that the respondent No.2 i.e. District Magistrate, Mau be directed to decide the objection of the petitioner according to law and will pass a detailed and reasoned order preferably within a period of one week from the date of production of the certified copy of this order.
With these observations the writ petition is disposed of.
There shall be no order as to costs.
W.P. No.26319 of 2007
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