Court No. - 74
Case :- WRIT - C No. - 12596 of 2021 Petitioner :- Ram Khiladi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mansa Singh,Ulajhan Singh Bind Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
The petitioner contested elections to the post of Pradhan of Village Kukthala, Block Achnera, District - Agra, during the elections of 2021. It is his case that during the first and second rounds of counting, he was declared elected. But the third round was done, wherein the fifth respondent was declared elected. He alleges bungling in counting and points out to discrepancies in figures and what votes were wrongly counted on which side. He submits that he has made a detailed representation to the Sub Divisional Magistrate, questioning validity of the results, based on their rounds of recounting. The petitioner asks this Court to issue a writ in the nature of mandamus, directing further recounting of votes for the post of Pradhan in Village Kushthala, Block Achnera, District Agra in an open place and in the presence of the petitioner, including his agents. He further asks this Court to issue a mandamus, directing respondent nos. 2, 3 and 4 to decide his representation dated 06.05.2021. A further mandamus has been prayed, directing respondent nos. 3 and 4 to restrain respondent no. 5 from functioning as Pradhan of the village where he has been declared elected.
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 fifth respondent's election through an election petition. In case, the election petition is presented, the Sub Divisional Magistrate concerned, who is the competent Tribunal, shall entertain the same forthwith and proceed in accordance with law. 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.
Order Date :- 24.5.2021 I. Batabyal Digitally signed by Jahangir Jamshed Munir Date: 2021.05.25 18:25:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad