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Smt. Rekha vs State of U.P. and Others

Allahabad High Court · Decided on 17 January 2013 · Citation: (2013) 120 RD 427

HON’BLE JUDGES
Zaki Ullah Khan, J · S.P. Mehrotra, J
CASE NUMBER
C.M.W.P. No. 2755 of 2013
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Judgment

7 paragraphs · 372 words

S.P. Mehrotra and Zaki Ullah Khan, JJ.—The present Writ Petition has been filed by the petitioner, inter alia, praying for quashing the Order/Notification dated 19.12.2012 (Annexure No. 11 to the Writ Petition), and the notice issued in the Month of January, 2013 (Annexure No. 9 to the Writ Petition). It appears that the State Government issued a Notification dated 19.12.2012, copy whereof has been filed as Annexure No. 11 to the Writ Petition, notifying that the post of Adhyaksh of the Zila Panchayat in question, namely Zila Panchayat, Hapur as under Unreserved Category.

2.

Pursuant to the said Notification, notice has been issued in the Month of January, 2013 by the District Magistrate/Election Officer, Hapur notifying election for the post of Adhyaksha, Zila Panchayat, Hapur, copy whereof has been filed as Annexure No. 9 to the Writ Petition.

3.

The petitioner has thereafter filed the present Writ Petition seeking the reliefs, as mentioned above.

4.

From the averments made in Paragraph Nos. 12 and 22 of the Writ Petition, it is evident that the petitioner contested the election held in the year 2010 for Membership of the Zila Panchayat in question but she lost in the election while Smt. Rajesh was elected.

5.

The petitioner has filed the Election Petition being Election Petition No. 20 of 2010 challenging the election of the said Smt. Rajesh.

6.

It is, thus, evident that the petitioner at present is not a member of the Zila Panchayat in question.

7.

It is further evident that the process for holding the election for the post of Adhyaksha of the Zila Panchayat in question has already started. In the circumstances, we are of the opinion that it will not be appropriate for this Court to exercise its Writ Jurisdiction under Article 226 of the Constitution of India hampering the on going process of election. After the elections are over, it will be open to the petitioner to pursue such remedy, as may be available to the petitioner under law, before appropriate forum for seeking appropriate reliefs for redressal of her alleged grievances, as raised in the present Writ Petition. In view of the above, the Writ Petition is liable to be dismissed, and the same is accordingly dismissed.