1. Heard Shri Arun Kumar Verma, learned counsel for petitioner, Shri Raj Baksh Singh, learned Additional Chief Standing Counsel appearing for opposite party Nos. 1 to 3 and Shri Shishir Srivastava, Advocate, holding brief of Shri Rohit Tripathi, learned counsel appearing for opposite party No. 5 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 party no. 1 to 5 to conduct the recounting of votes for the election of Village Pradhan at Gram Panchayat-Udaipur Grunt, Block-Wazigranj, Tehsil-Tarabganj, District Gonda fairly and properly in accordance with the guidelines issued by the State Election Commission, U.P. for counting of votes in Panchayat election.
(ii) Issue any other order or direction, which this Hon'ble Court deems fit and proper in the facts and circumstances of the case in favour of the petitioner in the interest of justice.
(iii) Award the cost of the writ petition in the favour of the petitioner."
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-Udaipur Grunt, Block-Wazigranj, Tehsil-Tarabganj, District Gonda.
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 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 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.
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