1. Heard Shri Sumit Kumar Srivastava, learned counsel for petitioner, Shri Raj Baksh Singh, learned Additional Chief Standing Counsel appearing for opposite party Nos. 1, 3 and 4 and Shri Rakesh Chaudhary, learned counsel for opposite party No. 2.
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 proceedings, related to the polling in the election of Gram Pradhan of Gram Panchayat-Jhokwara, Block- Kala Kankar, District-Pratapgarh.
(ii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties no. 1 to 5 to get the re-polling for the post of Gram Pradhan of Gram Panchayat-Jhokwara, Block- Kala Kankar, District-Pratapgarh, 2021, in fair, impartial and proper manner and thereafter declare the result on the basis of said re-polling.
(iii) issue any other suitable order or direction which this Hon'ble Court may deem, fit, just and proper under the circumstances of the case in favour of the petitioner.
(iv) allow the writ petition of the petitioner with costs."
3. In effect and substance the petitioner is challenging the election of opposite party No. 6, who is the elected Pradhan of Gram Panchayat-Jhokwara, Block- Kala Kankar, District-Pratapgarh.
4. A preliminary objection has been raised by the learned counsel for opposite parties 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 she may take recourse to the statutory remedy available to her.
Order Date :- 26.5.2021 Mustaqeem