Court No. - 40
Case :- WRIT - C No. - 12595 of 2021 Petitioner :- Furkan Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Asheesh Kumar Tiwari,Sanjay Ojha Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the petitioner; learned Standing Counsel for the State-respondents and perused the record.
The petitioner contested the election for membership of district Panchayat, Amroha. According to the petitioner, he had obtained highest votes yet one Rahul Chauhan was declared elected.
It is the case of the petitioner that he has made a representation to the District Magistrate, Amroha, who is the District Election Officer, to declare him elected. The prayer in this petition is that a direction be issued upon the District Election Officer, Amroha to consider and decide the representation of the petitioner.
It is well settled that when the result of an election is declared, the candidate who is aggrieved by such declaration can ventilate his grievance in an election petition. U.P. Zila Panchayats (Settlement of Dispute relating to membership) Rules, 1994 provides for such an election petition.
In view of the above, we decline to entertain the petition. The same is dismissed without prejudice to the right of the petitioner to take recourse to the remedy of an election petition.
Order Date :- 24.5.2021. Rks.
Digitally signed by Justice Manoj Misra Date: 2021.05.24 17:28:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SYED AFTAB HUSAIN RIZVI Date: 2021.05.24 17:28:55 IST Reason: Document Owner Location: High Court of Judicature at Allahabad