Hon'ble Saurabh Lavania,J.
Heard, Sri H.J.S.Parihar, learned Senior Counsel for the petitioner, Sri R.K.Chaudhary, learned Counsel for the State Election Commission and Sri H.P.Srivastava, learned Additional Chief Standing Counsel for the State.
By means of this petition, the petitioner who had contested the election to the Office of Members Zila Panchayat Manapatti, Gram Panchayat Khatanpur and Gram Panchayat Rajapur, Ward No. 53 District Pratapgarh has challenged the election result dated 02.05.2021 and has also prayed for restraining the opposite parties from administering oath to opposite party no. 7, who has been declared elected unless and until afresh recounting of ballots/votes is completed.
The remedy regarding subject matter of this writ petition is available before the District Judger under Section 27 of the Kshetra Panchayat and Zila Adhiniyam, 1961, by way of filing election petition.
As regards the contention of Sri Parihar that the District Judge is not entertaining the election petition in this COVID 19 pandemic, we are of the view that limitation for filing of such petitions already stand extended by orders of Hon'ble Supreme Court, considering the COVID 19 pandemic. Therefore, no prejudice would be caused to the petitioner on this account. If election petition is not being entertained, file it subsequently, but as per law.
As regards to his contention that the election of office of Chairman Zila Panchayat is going to be held and in the said election the votes would be cast by the Members of the Zila Panchayat and as he has lost only by 200 votes, the valuable rights of the petitioner is involved, we are of the view that the relief being sought herein can be sought only in an election petition and the writ petition under Article 226 of Constitution of India, is not maintainable. As and when the election petition is filed as per law, it shall be processed and decided in accordance with law.
Needless to say that election to the office in issue would always be subject to the result of election petition.
For these reasons and observations, we are not inclined to interfere in the matter and dismiss the writ petition, but without prejudice the rights of the petitioner to avail other remedies as per law.
Order Date :- 19.5.2021 Jyoti/-