1.Heard Sri Uttam Kumar Awasthi, learned counsel for the petitioner through video conferencing.
2. This petition has been filed for the following reliefs:
"i.issue a writ, order of direction in the nature of mandamus commanding the opposite parties concerned to recount the votes of Ward No. 13 of Village Panchayat Khanpur Kurauli, Block Fatehpur Chaurasi, District Unnao for Kshetra Panchayat B.D.C. Election 2021 of Ward No. 53, Block Fatehpur Chaurasi,District Unnao, in the interest of justice.
ii. issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties to stay the oath ceremony of the post of B.D.C. Member of Kshetra Panchayat Election 2021 of Ward No. 53, Block Fatehpur Chaurasi, District Unnao, in the interest of justice, till disposal of grievance of petitioner.
iii. issue any other writ, order or direction which is deemed just, fit and proper be passed in favour of petitioner, in the interest of justice.
iv. allow the writ petition with costs."
3. From the prayer made as also the submission advanced, in effect and substance, the main grievance of the petitioner is against the declaration of result of the post of Member of Block Development Committee (B.D.C.) of Kshetra Panchayat Baruaghat, Ward No. 53, Block- Fatehpur Chaurasi, District Unnao, although the petitioner has made the prayer differently.
4. The petitioner has statutory alternative remedy to challenge the election of Block Development Committee (B.D.C.) under Section 14 of U.P. Zila Panchayat Act, 1961 and in view thereof the writ petition not being the appropriate remedy is not being entertained, leaving it open to the petitioner to take recourse to the remedy of election petition, if so advised.
5. The petition is dismissed on the ground of alternative remedy.
Order Date :- 26.5.2021 Arvind