Hon'ble Jaspreet Singh,J.
The Court has convened through video conferencing.
Heard Sri Surya Prakash Singh, learned counsel for the petitioner, Sri H.P. Srivastava, learned Additional Chief Standing Counsel for the State and Sri Shishir Srivastava holding brief of Sri Rohit Tripathi, learned counsel for the State Election Commission.
The instant petition has been preferred by the petitioner, namely, Gomti Prasad with the following prayers:-
"(i) Issue a writ, order or direction in the nature of mandamus directing and commanding to the State opposite parties more specifically to the opp. party nos. 2, 3 4 & 5 to ensure re-counting of village Pradhan seat's vote village panchayat Vishambherpur Block Sridutganj, District Balrampur.
(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the State opposite parties to consider and decide the representation of the petitioner dated 02.05.2021 contained as Annexure No.1 to this writ petition"
The learned Additional Chief Standing Counsel has raised a preliminary objection that the instant writ petition is not maintainable inasmuch as the elections have already concluded and results have been declared, thus, the writ petition has become infructuous. Even otherwise, the petitioner has a statutory remedy under the provisions of the U.P. Panchayati Raj Act, 1947 hence, the petition is not maintainable.
Learned counsel for the petitioner despite arguing the matter could not dispute the fact regarding the availability of the statutory alternate remedy.
Having considered the rival submissions, we are not inclined to entertain the aforesaid petition, which in view of the objections raised by the State counsel has been rendered infructuous. Accordingly, the petition is dismissed. However, it shall be open for the petitioner to avail the appropriate remedy as may be available in law.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 31.5.2021 NS/Asheesh