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Allahabad HC refuses to hear plea against panchayat polls

The Court stated that the constitutional bar contained in Article 243 of the Constitution, it would not be appropriate for the Court to entertain the petition, once the electoral process has been initiated.

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The Allahabad High Court on Friday refused to intervene in a petition filed against reserving the seat of the Gram Pradhan in the Gram Panchayat elections, despite not having a single Scheduled Tribe person in the entire district.

The Division Bench of Justice M.C. Tripathi and Justice Saurabh Shyam Shamsheri passed this order while hearing a petition filed by Paramatma Nayak and 2 Others.

Bipin Behari Pandey, Chief Standing Counsel, has raised a preliminary objection regarding maintainability of the petition on the ground that on March 26, 2021, the State Election Commission has issued a notification for holding Panchayat elections in the State and in view of the constitutional bar contained in Article 243-O of the Constitution, the Petition is liable to be dismissed.

The Court stated that the constitutional bar contained in Article 243 of the Constitution, it would not be appropriate or proper for the Court to entertain the petition, once the electoral process has been initiated.

Read Also: Madhya Pradesh HC directs State Bar Council to decide on former official’s appeal before April 10

“Hence, we decline to exercise our writ jurisdiction under Article 226 of the Constitution on that ground,” the Court said.

Therefore, the Court dismissed the Petition.

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