SARITA Vs. UP ZILADHIKARI

JUDGEMENT

(1.) Instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner praying that writ of certiorari be issued for quashing the impugned order passed by opposite party no. 1 S.D.M. dated 27.09.2012 and also prayed the writ in nature of mandamus be issued directing the opposite party no. 1 to allow the petitioner to continue to work and discharge her duties as Gram Pradhan of Gram Panchayat Hasanpur Tewari, Block Bazar Shukul, Tehsil Musafirkhana, District Amethi.

(2.) learned counsel for the petitioner has argued that the petitioner basically challenged the order passed by the opposite party no. 1 i.e. Sub Divisional Magistrate, Musafirkhana, Amethi. By the impugned order, the learned Sub Judicial Magistrate directed that the votes be re-counted.

(3.) Aggrieved by the aforesaid order, the petitioner has been preferred the present writ petition mainly on the ground; 1. The writ petition is not well within the limit of Section 12 (c) of the U.P. Panchayat Raj Act 2. writ petition itself is defective, because by way of petition the O.P. No. 2 prayed that only re-counting be made and 3. This Court has already directed the O.P. No. 2 to decide the election petition expeditiously within one year. The time has expired.