Court No. - 34
Case :- WRIT - C No. - 25491 of 2020 Petitioner :- Prem Singh Kushwaha Respondent :- Registrar Firms Society And Chits And 3 Others Counsel for Petitioner :- Panchu Ram Maurya,Prashant Maurya Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State respondents.
This petition has been preferred seeking the following reliefs:-
"(I). A writ, order or direction in the nature of CERTIORARI to quash the Election process in place of re-counting of valid vote as cast in favour of the petitioner as well as other candidate as initiated in pursuance of the Order dated 04-11-2020 passed by Election Officer Kachhwaha Kshatriya Vidyalaya Samiti Tatarpur, Hathras, Respondent No. 3 (ANNEXURE No. 9 to this writ petition).
(II). A writ, order or direction in the nature of MANDAMUS commanding and directing to the Respondent No. 3 to count two valid votes the correct (✓) tick mark as made by the voters in front of the name of the petitioner for the post of Pradhan in the Election of Kachhwaha Kshatriya Vidyalaya Samiti Tatarpur, Hathras as provided in Para 6 of the necessary Guide Lines as issued by the Respondent No.3.
(III). A writ, order or direction in the nature of MANDAMUS commanding and directing to the Election Officer Kachhwaha Kshatriya Vidyalaya Samiti Tatarpur, Hathras, Respondent No. 3 to decide the objection dated 01-11-2020 as filed by the petitioner at an early date."
The Court while exercising its powers under Article 226 of the Constitution can neither arrogate to itself nor don the role of an Election Officer. In any case Section 25 of the Societies Registration Act 1860 puts in place an adequate alternative statutory mechanism for the purposes of trying election related disputes. Leaving it open to the petitioner to initiate appropriate proceedings as may otherwise be permissible in law, the present petition shall stand dismissed.
Order Date :- 6.1.2021 faraz