MAMTA Vs. KRISHNA DEVI

JUDGEMENT

(1.) Heard Mr. Narendra Kumar Pandey, learned counsel for the petitioner, Mr. Awadhesh Kumar Mishra, learned counsel for respondent No.1 and Mr. Krishna Mohan Mishra, learned Additional Chief Standing Counsel for the State-respondents.

(2.) Brief facts of the case are that petitioner was elected as Pradhan of Gram Panchayat-Khutaha, Block-Haliya, Tehsil Lalganj, District-Mirzapur on the basis of election held on 26/4/2021. In respect to the aforementioned election of Gram Pradhan, respondent No. 1 filed an Election Petition on 30/6/2021 under Sec. 12-C of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as ' the Act of1947') read with Rule 3(1) of U.P. Panchayat Raj (Settlement of Election Dispute) Rules 1994 (hereinafter referred to as 'the Rule of 1994') which was registered as Election Petition No. 1576 of 2021, Computerized Case No.202116530201576.The summon/ notice in the aforementioned election petition was issued accordingly petitioner put in her appearance through counsel on 23/7/2021 and filed her objection dtd. 8/7/2022 with regard to the maintainability of the election petition as the election petition was not filed in presence of election petitioner. Respondent No.1 filed her cross-objection dtd. 13/7/2022 to the petitioner's application dtd. 8/7/2022. Prescribed authority vide order dtd. 5/8/2022 rejected the objection raised by petitioner with regard to maintainability of the election petition, hence, this writ petition for the following relief.

(3.) This Court on 9/11/2022 passed the following order: