JAGDISH PRASAD Vs. SUB DIVISIONAL OFFICER DOMARIAGANJ

JUDGEMENT

(1.) THIS petition under Article 226 of Constitution of India is directed against the the order dated 22-7-88, rejecting the application of petitioner for grant of interim stay in election petition filed under section 12-C of the U. P. Panchayat Raj Act, (for short the Act), with the prayer that during the pendency of the election petition respondent no. 2 may not be given charge of the office of Pradhan of the Gaon Sabha Pikauria, Tehsil Domariaganj, District Basti.

(2.) LEARNED counsel for the petitioner urged that the application for interim stay has been rejected by respondent no. 1 just by one word ' rejected ', without indicating reasons. Consequently the said order was arbitrary. He relied upon Section 94 of the CPC which is to the effect that in order to prevent the ends of justice from being defeated the Court may, if it is so prescribed.........(e) make such other interlocutory orders as may appear to the Court to be just and convenient. LEARNED counsel for the petitioner also made a reference to Rule 25 of the Rules framed under the Act and Section 12-C of the Act, and urged that the power to grant interim (temporary) stay was there and, consequently, the application for interim stay ought not to have been rejected, rather under the circumstances of the case a prima facie case has been made out as according to the petitioner he was earlier declared elected but later on respondent no 2 was declared elected at the time of counting of ballot papers, hence the interim stay ought to have been granted.

(3.) THE petition lacks merit and it is hereby dismissed summarily. --- Petition dismissed.