1. Heard Shri Daya Shankar Yadav, learned counsel for petitioner, Shri Raj Baksh Singh, learned Additional Chief Standing Counsel appearing for opposite party No. 2 and 3 and Shri Rakesh Chaudhary, learned counsel appearing for Election Commission through video conferencing.
2. This petition has been filed for following reliefs:
"(i) to issue a Writ, Order or direction in the nature of mandamus commanding the Opposite party no. 1, to re-count the votes in Village Panchayat Vishunpur Kalan Block-Gaisadi, District Balrampur, in the interest of justice.
(ii) to issue a Writ, Order or direction in the nature of mandamus there by commanding the Opposite Parties to cancel the election held on 26.04.2021 and declare null and void on the basis of irregularities committed by the counting employees/officers, Village Panchayat Vishunpur Kalan, District Balrampur.
(iii) to issue a Writ, Order or direction in the nature of mandamus there by commanding the Opposite parties to stay the certificate allotment, scheduled on 27.05.2021, in the interest of justice.
(iv) Such other relief which this Hon'ble Court may deem proper and fit for the petitioner may also given to the petitioner."
3. From the submissions advanced by the learned counsel for the petitioner as well as from the perusal of the record, in effect and substance the petitioner is challenging the election of the elected Pradhan of Gram Panchayat Panchayat Vishunpur Kalan Block-Gaisadi, District Balrampur. The real grievance of the petitioner is against the election of the elected candidate.
4. A preliminary objection has been raised by the learned State Counsel as well as the 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. They further submit that unless there is challenge to the election, the prayer made cannot be granted.
5. 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.
6. 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, 1947, the writ petition is not the appropriate remedy.
7. For the aforesaid reason, the writ petition is dismissed.
8. However, if the petitioner so chooses and if so advised he may take recourse to the statutory remedy available to him.
Order Date :- 28.5.2021 Mustaqeem