Court No. - 74
Case :- WRIT - C No. - 12664 of 2021 Petitioner :- Mahraj Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yashwant Pratap Singh,Pravesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
The petitioner contested the election to the Office of Pradhan of Gram Sabha Jarani Khurd, in District-Etah, and lost to the fourth respondent by a margin of twenty nine votes. He claims that it is a palpably wrong counting under the undue influence of the fourth respondent that has led to his defeat. He says that he has 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 been announced, and the fourth respondent declared elected. In the circumstances, he has preferred the present writ petition, asking this Court to issue a mandamus, directing respondent nos. 2 and 3 to enquire into the matter and cancel the candidature of respondent No.4, as a Scheduled Caste candidate while he belongs to the OBC category. He has further prayed for a mandamus, commanding respondent nos. 2 and 3 to restrain respondent No.4 not to perform functions of the newly elected Gram Pradhan of Village Jarani Khurd, on the basis of a false declaration and caste certificate, pending this petition.
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 petitioner 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.
Learned counsel for the petitioner further submitted that the petitioner has already filed an complaint/application under Section 12-C of the Act dated 10.05.2021, before the respondent Nos.2 and 3. In case, the election petition is presented, the Sub Divisional Magistrate concerned, who is the competent Tribunal, shall entertain the same forthwith and proceed to try and 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, Etah and the Sub- Divisional Magistrate, Jalesar, District-Etah, by the Joint Registrar (Compliance), within 24 hours.
Order Date :- 27.5.2021 NSC Digitally signed by Jahangir Jamshed Munir Date: 2021.05.28 18:39:38 IST Reason: Document Owner Location: High Court of Judicature at Allahabad