Heard learned counsel for the petitioner, learned State Counsel for respondent nos. 1, 3 to 5 and Sri Anurag Singh, learned counsel for respondent no. 2.
The present writ petition has been preferred for quashing of the order dated 08-04-2021 passed by the respondent no. 4, Sub. Divisional Officer, Gola, district-Lakhimpur Kheri by which the nomination submitted by the petitioner for contesting the election of Gram Sabha was rejected.
Learned counsel for the Respondent No. 2 has raised a preliminary objection regarding maintainability of the writ petition as the elections have already been concluded and the results have been declared. The petitioner has efficacious and alternative statutory remedy under Section 12(C) of U.P. Panchayat Raj Act, 1947 read with Rule 3 of U.P. Panchayat Raj (Settlement of Election Dispute) Rules, 1994 to prefer an election petition before the Sub-Divisional Magistrate.
Learned counsel for the petitioner has very fairly accepted the objection raised by the learned counsel for the respondent no. 2 that the present writ petition is not maintainable on the ground of availability of the efficacious alternative statutory remedy to prefer an election petition.
Hence, the writ petition is dismissed on the ground of availability of efficacious alternative remedy to the petitioner under the provisions of Section12(C) of U.P. Panchayat Raj Act, 1947 read with Rule 3 of U.P. Panchayat Raj (Settlement of Election Dispute) Rules, 1994.
Order Date :- 13.5.2021 AKS