Heard learned counsel for the petitioner and learned Standing Counsel through video conferencing.
The petitioner, who filed nomination paper for the post of Gram Pradhan of Gram Panchayat Piprahwa, Joga Gaon, Block Sirsia, Tahsil Bhinga, District Shrawasti, has approached this Court by means of the present writ petition for the following reliefs:-
(i) To issue the writ of Certiorari for quashing the order dated 04.04.2021 (Contained in Annexure No.1) passed by the Returning Officer.
(ii) To issue the writ of Mandamus directing the Opposite parties to accept the nomination paper of the petitioner and permit her to contest the election of Gram Panchayat Piprahwa, Joga Gaon, Block Sirsia, Tahsil Bhinga, District Sharawasti, which is scheduled to be held on 15.04.2021.
(iii) To issue the writ of mandamus directing the Opposite Parties to conduct the election of the Gram Panchayat Piprahwa, Joga Gaon, Block Sirsia, Tahsil Bhinga, District Shrawasti, in the subsequent phase of elections, in case the ballot papers have been printed as per the declared list of the candidates dated 06.04.2021 contained as Annexure No. to this Petition.
The petitioner's nomination papers were rejected by the order dated 04.04.2021 (Annexure No. 1 to the writ petition) on the ground that the caste certificate filed by the petitioner belonging to the backward caste is not a valid certificate.
Learned counsel for the petitioner has further informed to this Court that today voting is taking place.
Article 243-O of the Constitution of India bars jurisdiction of any Court to interfere in the electoral matters except by way of election petition to be present before the competent authority.
Article 243-O reads as under:
"243-O. Notwithstanding anything in this Constitution,?
(a ) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243K, shall not be called in question in any court;
(b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.]"
Considering the specific bar provided under Article 243-O, no Court is competent to take cognizance of any dispute in respect of rejection of nomination paper after the election is over and the result is awaited.
The present writ petition is dismissed with liberty to the petitioner to resort the remedy provided under the U.P. Panchayati Raj Act.
With the aforesaid liberty, the present writ petition stands disposed of.
Order Date :- 15.4.2021 Mustaqeem