1. Heard Shri Amit Mishra, Advocate holding brief of Sri Piyush Mishra, learned counsel for the petitioner and Sri Atul Kumar Dubey, learned counsel appearing for opposite party No. 1 to 5 through video conferencing.
2. This petition has been filed for following reliefs:
"(i) issue a writ, order or direction in the nature of Mandamus commanding the respondents to re-count the votes of election of Gram Pradhan of Gram Sabha, Madhaupur, Nidauna, Block-Nawabganj, Tehsil-Nanpara, District Bahraich in the Panchayat Election, 2021.
(ii) issue any other writ, order or direction which this Hon'ble Court may deem just and proper in the circumstances of the case.
(iii) allow this writ petition with costs in favour of petitioner. "
3. From the submissions advanced by the learned counsel for the petitioner as well as from the perusal of the record, in effect and substance the petitioner is challenging the election of duly elected Pradhan of Gram Sabha, Madhaupur, Nidauna, Block-Nawabganj, Tehsil-Nanpara, District Bahraich, although the prayer has been differently worded.
4. A preliminary objection has been raised by learned counsel for the Election Commission that the petitioner has equally efficacious statutory alternative remedy for challenging the election of Village Pradhan under Section 12-C of the U.P. Panchayat Raj Act, 1947 and in view thereof this petition is not maintainable. Objection has also been raised that the prayer as made, cannot be granted unless there is challenge to the election.
5. Learned counsel for petitioner could not dispute that there is equally efficacious alternative remedy to challenge the election of opposite party No. 4 under Section 12-C of the U.P. Panchayat Raj Act, 1947.
6. In view of the above, this Court is of the considered view that due to availability of the efficacious alternative statutory remedy for challenging the election of Pradhan by way of election petition as provided under Section 12-C of the Panchayat Raj Act, the writ petition is not the appropriate remedy for the relief claimed.
7. For the aforesaid reason, the writ petition is dismissed.
8. However, if the petitioner so chooses and if so advised she may take recourse to the statutory remedy of election petition.
Order Date :-
27.5.2021 Arvind