Hon'ble Jaspreet Singh,J.
The Court has convened through Video Conferencing.
Heard Shri Manoj Kumar Mishra, learned counsel for the petitioner and Shri H.P. Srivastava, learned Additional Chief Standing Counsel for the State.
The instant writ petition has been preferred by the petitioner with the following prayers:-
i. Issue a writ, order or direction in the nature of certiorari to quashing the election as well as the certified issued to the opposite party no. 8 by doing fraud, misrepresentation and concealment of facts before the authority concern as she was not eligible to contest the election as she was working as Aganwadi worker and hold a post of profit under the state government as well as it is also a violation of the guidelines of the State election commission, in the interest of justice.
ii. Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties not to handover charge of Village Pradhan to the private respondent no. 8 elected as Village Pradhan in three Tier panchayat Election held on 19.04.2021 of Village and Post-Samaspur, Pargana-Bihar, Tehsil-Kunda, District-Pratapgarh, in the interest of justice.
iii. Issue a writ, order or direction in the nature of Mandamus commanding directing the opposite parties to stay the Oath Ceremony of the opposite party No. 8 elected as Village Pradhan of Village and Post-Samaspur, Pargana-Bihar, Tehsil-Kunda, District-Pratapgarh, in the interest of justice.
iv. Issue any other writ order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
v. Allow the writ petition with costs.
The learned Additional Chief Standing Counsel has raised preliminary objection that the instant writ petition is not maintainable inasmuch as the elections have already concluded and results have been declared, thus, the writ petition has become infructuous. Even otherwise, the petitioner has a statutory remedy under the provisions of the U.P. Panchayati Raj Act, 1947, hence the writ petition is not maintainable.
Learned counsel for the petitioner despite arguing the matter could not dispute the fact regarding the availability of the statutory remedy.
Having considered the rival submissions, we are not inclined to entertain the aforesaid petition, which in view of the objections raised by the State counsel has been rendered infructuous. Accordingly, the petition is dismissed. However, it shall be open for the petitioner to avail the appropriate remedy as may be available to her in law.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/ Authority/ Official.
The concerned Court/ Authority/ Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 31.5.2021 Arnima