Heard Shri Subhas Chandra Pandey, learned counsel for the petitioners and Shri Anurag Kumar Singh, learned counsel for opposite party Nos.2 to 3 through video conferencing.
This writ petition has been filed for the following main reliefs:-
"i. Issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite party No. 1 and 2 to consider and decide the applications dated 4.5.2021 and 7.5.2021, contained in annexure No.6 to this writ petition.
ii. Issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite party no.1 and 2, to declare the election of Gram Pradhan of gram panchayat Ajijpur and member of block development committee of ward no.25 and 26 of district unnao, as null and void.
iii. Issue a writ, order or direction in the nature of mandamus commanding/directing the opposite party no.1 and 2 to restrain the opposite party no.4, 5 and 6 from functioning as member of block development committee and gram pradhan of gram panchayat Ajijpur, block Nawabganj, District- Unnao.
iv. Issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite party no.1, 2 and 3, for re-election of the gram pradhan and member of block development committee of gram panchayat Ajijpur and ward no.25 and 26 of district- Unnao."
From a perusal of the prayer as well as the submissions, it is evident that the petitioners are challenging the election of Pradhan as well as Member of Block Development Committee, in which the opposite party Nos.4, 5 and 6 respectively have been declared as elected.
A primarily objection has been raised by Shri Anurag Kumar Singh, learned counsel for opposite party No.2 to 3 that there is equally efficacious alternative remedy for challenging the elections under 12-C of the U.P. Panchayat Raj Act, 1947 in respect of the challenge to the election of Pradhan and under Section 14 of U.P. Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 with respect to the election of member of the Block Development Committee.
Learned counsel for the petitioner could not dispute the submission of the learned counsel for the opposite parties.
In view of the existence of efficacious alternative statutory remedy for challenging the elections of the post of Pradhan and Members of Block Development Committee, the writ petition is not the proper remedy, at this stage.
In view of the above, the writ petition is dismissed on the ground of existence of statutory alternative remedy.
If the petitioner so chooses they may avail the alternative remedy of election petition if so advised.
Order Date :- 24.5.2021 Ashutosh Pandey