Court No. - 89
Case :- WRIT - C No. - 12708 of 2021 Petitioner :- Ashok Kumar Pathak Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Nuruddin Khan,Syed Shahnawaz Shah Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
Heard Mr. Rajesh Maurya, learned counsel for petitioners and learned Standing Counsel for respondents.
By means of present writ petition, petitioner is challenging the election result regarding the post of Gram Pradhan, none of the grounds urged are cogent enough to entertain the present writ petition. It is well established that a returned candidate can be unseated only by filing an election petition. Section 12 (c) of the Uttar Pradesh Panchayat Raj Act, 1947 clearly provides for filing an election petition by a candidate who is dissatisfied with the election result. Consequently, present petition is not maintainable and liable to be dismissed on the ground of alternative remedy.
Writ petition is accordingly dismissed on the ground of alternative remedy.
Order Date :- 31.5.2021 Arshad Digitally signed by Justice Rajeev Misra Date: 2021.05.31 15:24:41 IST Reason: Document Owner Location: High Court of Judicature at Allahabad