Court No. - 42
Case :- WRIT - C No. - 13442 of 2021 Petitioner :- Shrawan Kumar Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Arpit Agarwal Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State.
Present petition has been filed seeking following reliefs:
"I. A writ order or direction in the nature of Mandamus whereby directing the respondent no. 6 to allow the petitioner for the inspection of the election documents in accordance with the provisions of the Rule 112 of the rules and to grant the petitioner the copies of the documents required (Annexure no. 3).
II. A writ order or direction in the nature of Mandamus directing the respondent no. 2 and 4 to adjudicate in a time bound manner the objections raised by the petitioner and to conduct a recounting of votes (Annexure No. 2).
III. A writ order or direction in the nature of Certiorari whereby quashing the entire election process and to direct the respondent authorities to conduct re-election in accordance with the provisions of Rule 100 of the Rules.
IV. Award the cost of petition to the petitioner."
Having heard learned counsel for the petitioner and upon perusal of the record, this Court is of the opinion that the petitioner has a remedy by way of filing an election petition under Section 12-C of U.P. Panchayat Raj Act, 1947. As such I am not inclined to entertain the present petition.
Accordingly, the petition is dismissed.
Petitioner is at liberty to avail his remedy, if he is so advised.
Order Date :- 12.8.2021 Aditya Digitally signed by Justice Vivek Kumar Birla Date: 2021.08.12 13:32:36 IST Reason: Document Owner Location: High Court of Judicature at Allahabad