Heard learned counsel for the petitioner and learned State Counsel for respondent nos. 1 to 4.
Since Respondent No.5 is an elected Pradhan of the village concerned, issuance of notice to Respondent No.5 is, hereby, waived off.
The present writ petition has been preferred commanding the Respondent No.2 to conduct a free and fair enquiry with regard to the occurrence taken place on 19.04.2021 at polling booth of gram panchayat Murassapur tehsil - Kunda, district - Pratapgarh as alleged by the petitioners in the complaint dated 19.04.2021.
Learned state counsel 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/ A.K.S.