Heard Shri Manish Vaish, learned counsel for petitioners and Shri Raj Baksh Singh, learned Additional Chief Standing Counsel for opposite party No. 1.
This petition has been filed for following reliefs:
"(i) to issue writ, order or direction in the nature of mandamus, directing the opposite party no. 2 for recounting of votes of Election of Gram Panchayat Mohammad Nagar Grint, Vikas Khand-Utraula, Balrampur and declare the result afresh.
(ii) to issue writ, order or direction in the nature of mandamus, directing the District Election Officer, Balrampur, The Chief Election Commissioner, U.P. and the Chief Election Commissioner, Government of India, New Delhi to decide the representation dated 05.04.2021/ 03.05.2021/ 05.05.2021 of petitioner no. 2, in the interest of justice.
(iii) to issue any other writ, order or direction in the nature and manner which this Hon'ble Court deems fit and proper in the circumstances of the case."
It is not in dispute that the election of Pradhan of Gram Panchayat Mohammad Nagar Grint, Vikas Khand Utraula, Balrampur has been declared. The opposite party No. 5 was declared as elected Pradhan.
Learned counsel for petitioners could not point out any provision under which the opposite party No. 2 be directed for recounting of votes after the declaration of result and for declaration of the result fresh, without challenging the election of the returned candidate.
Learned counsel for petitioner submits that petitioners would challenge the election of opposite party No. 5 by filing election petition as per the remedy provided by the Section 12-C of the U.P. Panchayat Raj Act.
In view of the statutory alternative remedy to challenge the election of Pradhan in election petition under Section 12(C) of U.P. Panchayat Raj Act, this petition is dismissed.
The petitioners if so desire, may take recourse to the appropriate remedy provided under law if so advised.
Order Date :- 24.5.2021 Mustaqeem