1. Heard Shri R.A. Khan, learned counsel for the petitioner, Shri Raj Baksh Singh, learned Additional Chief Standing Counsel appearing for opposite party no.2 and 3 and Shri Atul Kumar Dubey, learned counsel appearing for opposite party no.1-State Election Commission (Panchayat Election) through Video Conferencing.
2. This petition has been filed for following reliefs:
"(i) Issue a writ, order or direction in the nature of 'Mandamus' commanding the opposite parties to ensure the recounting of the votes polled in election of Gram Panchayat Chanaini, Block-Nawabganj, Tehsil-Nanpara, District-Bahraich, counting of which was held on 02.05.2021.
(ii) 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.
(iii) allow the instant writ petition of the petitioner with costs."
3. From the submissions advanced by the learned counsel for the petitioner as well as from the perusal of the record, in effect and substance the petitioner is challenging the election of duly elected Pradhan of Gram Panchayat-Chanaini, Block-Nawabganj, Tehsil-Nanpara, District Bahraich, although the prayer has been differently worded.
4. A preliminary objection has been raised by the learned State Counsel as well as the learned counsel for the Election Commission that the petitioner has equally efficacious statutory alternative remedy for challenging the election of Village Pradhan under Section 12-C of the U.P. Panchayat Raj Act, 1947 and in view thereof this petition is not maintainable. Objection has also been raised that the prayer as made, can not be granted unless there is challenge to the election.
5. Learned counsel for petitioner could not dispute that there is equally efficacious alternative remedy to challenge the election of opposite party No. 5 under Section 12-C of the U.P. 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 for the relief claimed.
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 of election petition.
Order Date :- 28.5.2021 Praveen