Akhilesh Kumar v. State Of U. P. Thru. Distt. Magistrate Distt-Ayodhya
2023-01-30
MANISH MATHUR
body2023
DigiLaw.ai
JUDGMENT : [Manish Mathur, J.] 1. Heard learned counsel for petitioner, learned State Counsel for opposite parties 1 and 2 and Mr. Ajay Kumar Pandey, learned counsel for opposite party no.5. Notices to opposite parties 3, 4 & 6 to 10 stand dispensed with in view of order being passed in the matter. 2. Petition has been filed under Article 227 of the Constitution of India challenging order dated 20.01.2023 passed in proceedings under Section 12-C of the Panchayat Raj Act, 1947 (hereinafter referred to as the Act of 1947) initiated by petitioner. 3. At the very outset, learned Counsel for opposite party no.5 has taken a preliminary objection regarding maintainability of petition in view of statutory alternative remedy under Section 12-C(6) of the Act of 1947. Reliance has also been placed on a decision of a coordinate Bench this Court in W.P. No.2187 of 2018 (Kalektar v. Anil Kumar and others). 4. Learned counsel for petitioner in response to preliminary objections while admitting availability of alternative remedy however has drawn attention to impugned order and the nature in which it has been passed. It has been submitted that order impugned itself indicates the casual manner in which the order has been passed in serious proceedings challenging elections. However, in view of admitted position of law that by means of impugned order, the election petition has been rejected, the same amounting to a final order being passed under Section 12C of the Act of 1947, there is statutory alternative remedy available under Section 12-C(6) of the Act of 1947 as held in Kalektar(Supra). 5. In view of aforesaid, learned counsel for petitioner seeks to withdraw the writ petition with liberty to avail alternative remedy. 6. Since the matter pertains to statutory provisions of challenging an election, the same is required to be decided expeditiously. Therefore, it is provided that in case petitioner seeks to challenge impugned order by means of a Revision under Section 12-C(6) of the Act of 1947, the same shall be decided expeditiously after affording opportunity of hearing to all concerned, preferably within a period of six weeks from the date revision is preferred, without granting any undue adjournments to either parties and in case there is no other legal impediment. 7. Benefit of this order shall be available to petitioner only in case he cooperates in early disposal of the proceedings. 8.
7. Benefit of this order shall be available to petitioner only in case he cooperates in early disposal of the proceedings. 8. The writ petition stands disposed of in terms of aforesaid liberty.