Heard learned counsel for the petitioner, Sri Anurag Singh, learned counsel for respondent nos. 1 and 2 and learned State Counsel for respondent nos. 3 and 4.
The present writ petition has been preferred pertaining to election dispute of Village Panchayat of Village Shahpur Nau of booth numbers 220 & 221, Block - Shahabad, District - Hardoi.
Learned counsel for the Respondent Nos.1 and 2 has raised a preliminary objection regarding maintainability of the writ petition as the elections have already been concluded and the results have been declared. Now the petitioner has efficacious and alternative statutory remedy under Section 12(C) of U.P. Panchayat Raj Act, 1947 read with Rule 3 of U.P. Panchayat Raj (Settlement of Election Dispute) Rules, 1994 to prefer an election petition before the Sub-Divisional Magistrate.
Learned counsel for the petitioner is unable to dispute availability of the efficacious alternative statutory remedy.
Hence, the writ petition is dismissed on the ground of availability of efficacious alternative remedy to the petitioner under the provisions of Section12(C) of U.P. Panchayat Raj Act, 1947 read with Rule 3 of U.P. Panchayat Raj (Settlement of Election Dispute) Rules, 1994.
Order Date :- 12.5.2021 S. Kumar