Court No. - 74
Case :- WRIT - C No. - 12666 of 2021 Petitioner :- Radha Krishna Trivedi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vishakha Pande,Rakesh Pande (Senior Adv.) Counsel for Respondent :- C.S.C.,Tarun Agrawal
Hon'ble J.J. Munir,J.
Heard learned counsel for the petitioner. Mr. Tarun Agrawal, appearing on behalf of the State Election Commission and the learned Standing Counsel.
The petitioner contested the election to the Office of Pradhan of Gram Panchayat Khutiya, Vikas Khand Rajepur, Tehsil Amritpur, District Farrukhabad, and lost to the sixth respondent by a margin of one vote. He claims that it is a palpably wrong counting under the undue influence of the sixth respondent that has led to his defeat. He says that he 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 sixth respondent declared elected. In the circumstances, he has preferred the present writ petition, asking this Court to issue a mandamus, directing respondent nos. 2 and 3 to enquire into the matter and cancel the candidature of respondent No.6. He has further prayed for a mandamus, commanding respondent nos. 2 and 3 to initiate appropriate action against the Election Officer, who has issued the certificate dated 01.05.2021 in accordance with Section 12(B)(D) of the U.P. Panchayat Raj Act. He has further prayed for a mandamus, commanding respondent No.6 not to perform functions of the newly elected Gram Panchayat Khutiya, Vikas Khand Rajepur, Tehsil Amritpur, District Farrukhabad, 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 him 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").
Learned Standing Counsel has opposed the motion to admit this petition to hearing.
The grievance of the petitioner is essentially one which is required to be suited in a duly constituted election petition, and cannot be gone into in a writ petition. The petitioner has his remedy under Section 12-C of The Uttar Pradesh Panchayat Raj Act, 1947, which provides that the petitioner can assail the fourth respondent's election through an election petition.
In case, the petitioner files an election petition, and the same is presented, the Sub Divisional Magistrate concerned, who is the competent Tribunal, shall entertain the same forthwith and proceed to try and decide the same in accordance with law within a period of six months. However, so far as the present petition is concerned, no relief can be granted in the terms prayed for.
Subject to the above directions, this writ petition is disposed of. There shall, however, be no order as to costs.
Let this order be communicated to the District Magistrate/District Election Officer, Farrukhabad and the Sub- Divisional Magistrate, Farrukhabad, by the Joint Registrar (Compliance), within 48 hours. Disposed of.
Order Date :- 27.5.2021 NSC Digitally signed by Jahangir Jamshed Munir Date: 2021.05.29 17:27:25 IST Reason: Document Owner Location: High Court of Judicature at Allahabad