Court No. - 74
Case :- WRIT - C No. - 12665 of 2021 Petitioner :- Kalpana Singh And Another Respondent :- State of U.P. and Others Counsel for Petitioner :- Yogesh Kumar Mishra,Dharmendra Kumar Dohare
Hon'ble J.J. Munir,J.
The petitioners contested the election to the Office of Pradhan of Gram Panchayat Kahra, Block Saidabad, Tehsil Handia, District Prayagraj. They claim that it is a palpably wrong election, as at the time of voting, some forged votes were cast by some persons through forged and different identity cards. It is submitted by learned counsel for the petitioners that the persons were caught on the spot who poured water in the ballet box at the polling booth. Learned counsel for the petitioners states that they have moved an application before respondent nos. 2 and 3 by registered post, to recalculate the votes, or so to speak, recount them, but to no result. The election results have not been announced, till date. In the circumstances, he has preferred the present writ petition, asking this Court to issue a mandamus, directing respondent nos. 2 and 3 to conduct re-elections of Gram Pradhan in Gram Sabha Kahra, Block Saidabad, Tehsil Handia, District Prayagraj. He has further prayed for a mandamus, commanding respondent nos. 2 and 3 to decide the representation filed by the petitioners before them.
This Court is afraid that none of the reliefs prayed for can be granted. The petitioner's case is squarely one which mandates him to pursue the remedy of an election petition under Section 12-C of The Uttar Pradesh Panchayat Raj Act, 1947 (for short "the Act of 1947").
Learned Standing Counsel has opposed the motion to admit this petition to hearing.
The grievance of the petitioners is essentially one which is required to be suited in a duly constituted election petition, and cannot be gone into in a writ petition. The petitioner has his remedy under Section 12-C of The Uttar Pradesh Panchayat Raj Act, 1947, which provides that the petitioner can assail the fourth respondent's election through an election petition.
In case, the petitioners file an election petition and the same is presented, the Sub Divisional Magistrate concerned, who is the competent Tribunal, shall entertain the same forthwith and proceed to decide the same in accordance with law within a period of six months. However, so far as the present petition is concerned, no relief can be granted in the terms prayed for.
Subject to the above directions, this writ petition is disposed of.
There shall, however, be no order as to costs.
Let this order be communicated to the District Magistrate/District Election Officer, Prayagraj, and the Sub- Divisional Magistrate, Tehsil Handiya, District-Prayagraj, by the Joint Registrar (Compliance), within 48 hours.
Order Date :- 27.5.2021 NSC Digitally signed by Jahangir Jamshed Munir Date: 2021.05.29 17:27:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad