1. Heard Shri Alok Kumar Mishra, learned counsel for petitioner and Shri Anurag Singh, learned counsel for opposite party Nos. 1 to 3.
2. This petition has been filed for following reliefs:
"(i) Issue a writ, order or direction in the nature of Certiorari to quash the entire election process of the Panchayat Election-2021 pertaining to the Village Panchayat Atarji, Block Shahabad, District Hardoi.
(ii) Issue a writ, order or direction in the nature of Mandamus commanding the respondents to re-poll/re-election of the Panchayat Election-2021 pertaining to the Village Panchayat Atarji, Block Shahabad, District Hardoi.
(iii) Issue any other suitable order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, may also be passed in favour of the petitioner.
(iv) Allow the writ petition with cost."
3. In effect and substance the petitioner is challenging the election of opposite party No. 4, who is the elected Pradhan of Village Panchayat-Atarji, Block Shahabad, District Hardoi.
4. A preliminary objection has been raised by the learned counsel for opposite party Nos. 1 and 2 that there is equally efficacious alternative remedy for challenging the election of Village Pradhans under Section 12-C of the Panchayat Raj Act, 1947 and in view thereof this petition is not maintainable and deserves to be dismissed.
5. Learned counsel for petitioner could not dispute that there is equally efficacious alternative remedy to challenge the election of opposite party No. 4 under Section 12-C of the Panchayat Raj Act, 1947.
6. In view of the above, this Court is of the considered view that due to availability of the efficacious alternative statutory remedy for challenging the election of Pradhan by way of election petition as provided under Section 12-C of the Panchayat Raj Act, the writ petition is not the appropriate remedy.
7. For the aforesaid reason, the writ petition is dismissed.
8. However, if the petitioner so chooses and if so advised he may take recourse to the statutory remedy available to him.
Order Date :- 25.5.2021 Mustaqeem