Heard learned counsel for the petitioners, learned State Counsel for respondent nos. 1 and 3 and Sri Rakesh Kumar Chaudhary, learned counsel for respondent no. 2.
The present writ petition has been preferred for quashing of the Panchayat election held on 19-04-2021 and for directing the respondents /authority concerned to hold re-election in respect of Village-Sarsikham, Block-Mangraura, Tehsil-Patti,district-Pratapgarh.
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 petitioners is unable to dispute availability of the efficacious alternative statutory remedy.
Hence, the writ petition is dismissed on the ground of availability of efficacious alternative remedy to the petitioners 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