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High CourtsDivision Bench(2003) 01 AHC CK 0078

Smt. Gangotri Devi vs State Election Commission, Panchayat and Local Self and Others

Allahabad High Court · Decided on 16 January 2003 · Citation: (2003) 1 AWC 526

HON’BLE JUDGES
Prakash Krishna, J · M. Katju, J
RESULT
Dismissed
CASE NUMBER
C.M.W.P. No. 712 of 2003
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Judgment

2 paragraphs · 174 words

M. Katju and Prakash Krishna, JJ.—Heard the petitioner in person. Sri P.N. Rai has appeared for the respondent Nos. 1 and 2.

2.

The petitioner has prayed for a writ of certiorari to quash the election for the post of Adhyaksha, Zila Panchayat, Kushi Nagar. It is settled law that once election process has started, this Court cannot interfere, and the remedy of the petitioner is to file an election petition after the election result has been declared vide Anugrah Narain Singh and Another Vs. State of U.P. and Others, Election Commission of India Through Secretary Vs. Ashok Kumar and Others, and Shri Sant Sadguru Janardan Swami (Moingirid Maharaj) Sahakari Dugdha Utpadak Sanstha and Another Vs. State of Maharashtra and Others, etc. Under Rule 33 of the U. P. Zila Panchayat (Election of Adhyaksha and Upadhyaksha and Settlement of Election Disputes) Rules, 1994, the petitioner can file an election petition which, if filed, will be disposed off expeditiously in accordance with law. The petition is, therefore, dismissed. The interim order, if any, is vacated.