LAWS(ALL)-2004-8-211

NIHAL AHMAD Vs. DISTRICT JUDGE SIDDHARTH NAGAR

Decided On August 24, 2004
NIHAL AHMAD Appellant
V/S
District Judge Siddharth Nagar Respondents

JUDGEMENT

(1.) BY the Court.This appeal is directed against the judgment and order dated 26 -3 -2003 passed by the learned Judge of this Court in Civil Misc. Writ Petition No. 22838 of 2002.

(2.) BRIEF facts relevant for the decision of this appeal are that the writ petitioner -appellant Nihal Ahmad is the elected Pradhan of the Gram Panchayat in question. Challenging the said election, an election petition was filed by the respondent No. 9 herein Zahiruddin under Section 12 -C of the U.P. Panchayat Raj Act, 1947. By order dated 8 -8 -2000 passed in Writ Petition No. 33447 of 2000 this Court had directed that the election petition be decided within six months. However, written statement was filed by the writ petitioner -appellant only on 10 -4 -2001. The election - petitioner filed an application for recount of votes which was supported by an affidavit. The writ petitioner appellant tried to avoid the hearing on several dates and also fled a transfer petition only in the order to delay the hearing of the case. The election petition was fixed for evidence on several dates and in such circumstances the Prescribed Authority closed the evidence and decided the application for re -count of votes on merits. By its detailed order dated 14 -5 -2002 which has been passed after considering all the aspects of the case, a direction for re -count of votes had been issued by the Prescribed Authority which was impugned in the writ petition.

(3.) HAVING heard Sri V.C. Mishra, learned Senior counsel assisted by Sri I.D. Misra, learned counsel appearing for the appellant as well as learned Standing Counsel appearing for the State - respondents and Dr. G.S.D. Misra for the contesting respondent and on perusal of record we do not find any good ground for interference with the impugned judgment.