Court No. - 74
Case :- WRIT - C No. - 12591 of 2021 Petitioner :- Smt. Malti Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yashwant Pratap Singh 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 Badahara in District - Deoria, and lost to the fourth respondent by a margin of four votes. She claims that it is a palpably wrong counting under the undue influence of the fourth respondent that has led to the her defeat. She says that she 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, she has preferred the present writ petition, asking this Court to issue a mandamus, directing respondent nos. 2 and 3 to recount the votes cast in the elections in question for the post of Pradhan. She has further prayed for a mandamus, commanding respondent nos. 2 and 3 not to administer oath of office to the fourth respondent, 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 her 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"). It is well settled that against a concluded election, a losing candidate's remedy, based on howsoever good a cause of action, is through an election petition, and not a writ petition. Therefore, the present writ petition is misconceived and not maintainable.
Learned Counsel for the petitioner pointed out that the Sub Divisional Magistrate, who would be the Election Tribunal under the Act of 1947, does not have his court functioning due to CoViD-19 pandemic. If that be the case, and the prescribed limitation has not already run out, the Sub Divisional Magistrate competent to entertain the election petition shall receive the election petition personally, if presented within limitation and also beyond limitation, if limitation is extended under some order of the Supreme Court or this Court, bearing in mind the CoViD-19 pandemic.
Subject to the above liberty, this writ petition is dismissed. There shall, however, be no order as to costs.
Let this order be communicated to the District Magistrate, Deoria and the Sub Divisional Magistrate, Tehsil Sadar, District - Deoria, by the Joint Registrar (Compliance), within 24 hours.
Order Date :- 24.5.2021 I. Batabyal Digitally signed by Jahangir Jamshed Munir Date: 2021.05.25 18:27:09 IST Reason: Document Owner Location: High Court of Judicature at Allahabad