Chief Justice's Court
Case :- WRIT - C No. - 25972 of 2018 Petitioner :- Arjun Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajiv Kumar Singh,Rajiv Singh Counsel for Respondent :- C.S.C.
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Sri Rajiv Kumar Singh, learned counsel for the petitioner and Sri Rajiv Singh, the learned Standing Counsel for the State respondents.
The principal prayer sought in the writ petition reads thus:
"i. Issue a writ, order or direction in the nature of mandamus to direct the District Magistrate Mathura to decide the representation of the petitioner dated 05.02.2018 after holding the inquiry with regard to filing of the false affidavit dated 04.11.2017 by the respondent no.6 along with the nomination form dated 06.11.2017 for contesting the election of Chairman of Nagar Panchayat Saunkh District Mathura under the provision of U.P. Panchayat Raj Act 1947 and it is further prayed to direct the SDM Gowardhan to hold the inquiry of the dismantling of the front portion of the house of the petitioner situated in ward no.9 on the instigation of the respondent no.6 by the respondent no.5."
As is evident from a reading of the relief claimed, it is clear that the petitioner seeks to assail the election of the private respondent to the Nagar Panchayat, Saunkh, District Mathura. In light of the specific provisions made under the U.P. Panchayat Raj Act, 1947, for the trial of elections disputes, the said relief cannot possibly be entertained by this Court in a writ petition preferred under Article 226 of the Constitution.
Insofar as the relief sought with respect to an enquiry being conducted in connection with the alleged demolition of a part of the house of the petitioner is concerned, the same is clearly misconceived for the reason that the allegation itself appears to stem from a dispute of a private nature which cannot form subject matter of consideration in writ proceedings. The petitioner even otherwise has adequate remedies under the general law for redressal of such grievances.
Accordingly and for the reasons noted above, this writ petition is dismissed.
Order Date :- 31.7.2018 Arun K. Singh (Dilip B Bhosale, CJ) (Yashwant Varma, J.)