1. Heard Shri Angrej Nath Shukla, learned counsel for the petitioner and Sri Raj Bux Singh, learned Additional Standing Counsel for opposite party Nos. 1 to 3 and Sri Rohit Tripathi, learned counsel appearing for opposite party No. 4 through video conferencing.
2. This petition has been filed for following reliefs:
"(a)to issue a writ, order or direction in the nature of Certiorari for quashing the election held on 14.04.2021 after summoning the relevant records from authority concerned in respect of Gram Panchayat-Jagdishpur, Vikas Khand-Masaudha, Pargana-Magalsi, Tehsil-Sohawal, District Ayodhya.
(b) to issues a writ, order or direction in the nature of Mandamus holding the election Void-ab-initio held on 14.04.2021 in respect of Gram Panchayat-Jagdishpur, Vikas Khand-Masaudha, Pargana-Magalsi, Tehsil-Sohawal, District Ayodhya with direction to authority concerned to hold fresh election according to law.
(c) to issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case.
(d) to award the cost of the writ petition in favour of the petitioner."
3. A preliminary objection has been raised by learned counsel for the Election Commission that the petitioner has equally efficacious statutory alternative remedy, for challenging the election of Village Pradhan, under Section 12-C of the U.P. Panchayat Raj Act, 1947 and in view thereof this petition is not maintainable and deserves to be dismissed.
4. Learned counsel for petitioner could not dispute that there is equally efficacious alternative remedy to challenge the election of opposite party No. 4 under Section 12-C of the U.P. Panchayat Raj Act, 1947.
5. In view of the above, this Court is of the considered view that due to availability of the efficacious alternative statutory remedy for challenging the election of Pradhan by way of election petition as provided under Section 12-C of the Panchayat Raj Act, the writ petition is not the appropriate remedy.
6. For the aforesaid reason, the writ petition is dismissed.
7. However, if the petitioner so chooses and if so advised he may take recourse to the statutory remedy of election petition.
Order Date :- 27.5.2021 Arvind