Allahabad High Court
PRAMOD DWIVEDIversusRAJ KUMAR AND 9 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court, invoking its supervisory jurisdiction under Article 227, directed the District Judge to dispose of the election petition within six months without deciding the merits.
Summary
Petitioner Pramod Dwivedi filed an election petition before the District Judge, Fatehpur, challenging the election of the Chairman of Nagar Palika Parishad Fatehpur under Sections 19 and 20 of the U.P. Municipalities Act, 1916. The petition, pending since 3 June 2023, sought an order for its expeditious disposal. The High Court, exercising its supervisory jurisdiction under Article 227 of the Constitution, directed the District Judge to decide the election petition within six months of the certified copy of the order, without calling for a counter‑affidavit or issuing notice. The Court clarified that it had not adjudicated the merits of the election dispute. Accordingly, the petition was disposed with the direction to the lower court.
Issues considered
- Whether the High Court can, under Article 227, direct a District Judge to decide an election petition within a stipulated time frame.
Legislation cited
- U.P. Municipalities Act, 1916 — s. 19, 20
Subjects
- Election petition
- Article 227
- Supervisory jurisdiction
- Expeditious disposal
- U.P. Municipalities Act
- District Judge
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13317 of 2026
Pramod Dwivedi
.....Petitioner(s)
Versus
Raj Kumar And 9 Others
.....Respondent(s)
Counsel for Petitioner(s) : Saroj Kumar Yadav
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This petition has been filed with the following prayer:-
"i. Issue, an order or direction Under Article 227 of the Constitution of
India, by which the District Judge Fatehpur may be directed to decide the
Election Petition No.01 of 2023 (Pramod Dwivedi Vs Raj Kumar &
others) pending since 03.06.2023 filed in terms of Section 20 read with
section 19 of the U.P. Municipalities Act 1916 within a stipulated period
as deem fit and proper by this Hon'ble Court, if possible preferably within
a period of 3 months in according with law."
2. Petitioner before this Court is an election petitioner. He has filed an election
petition before the District Judge, Fatehpur questioning the election of Chairman,
Nagar Palika Parishad Fatehpur. The sole prayer made is for expeditious disposal of
the said election petition.
3. As no useful purpose would be served in keeping the matter pending or calling for
counter affidavit or issuing notice to the respondents, at this admission stage, the court
below is hereby directed to proceed with the Election Petition No. 1 of 2023 and
decide the same within a period of six months from the date of production of certified
copy of this order, in accordance with law, after hearing all affected parties.
4. With the aforesaid directions, the petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits.
September 23, 2026
A. V. Singh
(Rohit Ranjan Agarwal,J.)
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
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