Hon'ble Harsh Kumar,J.
Heard Shri Prabhakar Awasthi, learned counsel for the petitioner and Shri Ravi Kiran Jain, learned Senior Counsel assisted by Shri Tarun Agarwal, learned counsel for the respondents.
In the facts and circumstances of the case, we are of the considered opinion that appropriate remedy available to the petitioner is to file an election petition inasmuch as no election can be set aside unless a categorical finding is returned by the Election Tribunal that result of the election has been materially affected because of the illegality/ irregularity alleged.
In view of the aforesaid, the writ petition is dismissed with liberty as aforesaid.
(Harsh Kumar, J.) (Arun Tandon, J.) Order Date :- 3.3.2016 Ajeet