Research › Search › Judgment

Allahabad High Court · body

2018 DIGILAW 151 (ALL)

Ritu Jain v. State of U. P.

2018-01-16

MANOJ MISRA

body2018
JUDGMENT : Manoj Misra, J. 1. Heard learned counsel for the petitioner; learned Standing Counsel for respondent nos. 1 and 3, Sri Tarun Agrawal for respondent No. 2 and Sri P.K. Jain assisted by Shreya Gupta for respondent No. 5 (returned candidate). 2. The present petition has been filed under Article 227 of the Constitution of India for direction upon the Election Tribunal to decide Election Petition No. 523 of 2017 within specified period with further prayer that a direction be issued upon the concerned Tribunal to take appropriate decision on the interim application filed by the petitioner in the said Election Petition. In addition to above, a direction has been sought to restrain respondent No. 5 from functioning as Chairman, Nagar Palika, district Muzaffar Nagar. 3. From the record it appears that result of election was declared on 1st December, 2017 and the Election Petition was filed on 5th December, 2017. It further appears that the Election Tribunal has taken a decision to serve notice on returned candidate as well as other opposite parties through substituted means of service. The present petition has been sworn on 18th December, 2017 and has been filed in the Registry on 20th December, 2017. 4. As sufficient time has yet elapsed from the date of institution of Election Petition and filing of this petition, this Court declines to issue any direction upon the Election Tribunal, at this stage, to conclude the proceeding of the Election Petition within specified period. It is expected that the Election Tribunal shall proceed with the Election Petition expeditiously keeping in mind that the delay in disposal of Election Petition would frustrate the purpose of Election Petition. 5. As regards the interim application of the petitioner, the learned counsel for the petitioner has been able to produce any provision or law to demonstrate that an interim prayer to restrain the returned candidate from functioning as Chairman Nagar Palika, Muzaffar Nagar can be entertained pending disposal of the Election Petition because, ordinarily, once a candidate is declared elected, unless the election is set aside, the natural consequence of such declaration would follow. 6. Under the circumstances, the prayer of the petitioner to issue direction upon the Election Tribunal to consider the interim application filed by the petitioner to restrain functioning of respondent No. 5 as Chairman, Nagar Palika cannot be accepted and the same is accordingly rejected. 6. Under the circumstances, the prayer of the petitioner to issue direction upon the Election Tribunal to consider the interim application filed by the petitioner to restrain functioning of respondent No. 5 as Chairman, Nagar Palika cannot be accepted and the same is accordingly rejected. However, it is provided that the Election Tribunal shall proceed to consider and decide the Election Petition expeditiously without entertaining unnecessary adjournments. 7. At this stage, Shreya Gupta, who represents respondent No. 5, has made a statement that already written statement has been filed by the respondent No. 5 to the Election Petition on 12th January, 2018. 8. In view of the above, the Election Tribunal shall proceed in the matter expeditiously, in accordance with law, without entertaining unnecessary adjournment from either parties. 9. The petition stands disposed of.