Petitioner challenged Gram Pradhan election result. Court held grounds were not cogent and dismissed petition on alternative remedy ground under UP Panchayat Raj Act.
Petition dismissed on ground of alternative remedy.
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Court No. - 89
Case :- WRIT - C No. - 12749 of 2021
Petitioner :- Abhimanyu Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ram Chandra Yadav
Hon'ble Rajeev Misra,J.
Heard Mr. R.C.Yadav, learned counsel for petitioner and Mr. Pranav Ojha, learned Additional Chief Standing Counsel assisted by Mr. Sharad Chand Upadhyay, learned counsel for respondents.
By means of present writ petition, petitioner is challenging the election result regarding the post of Gram Pradhan, none of the grounds urged are cogent enough to entertain the present writ petition. It is well established that a returned candidate can be unseated only by filing an election petition. Section 12 (c) of the Uttar Pradesh Panchayat Raj Act, 1947 clearly provides for filing an election petition by a candidate who is dissatisfied with the election result. Consequently, present petition is not maintainable and liable to be dismissed on the ground of alternative remedy.
Writ petition is accordingly dismissed on the ground of alternative remedy.
Order Date :- 1.6.2021
Arshad
Digitally signed by Justice Rajeev Misra Date: 2021.06.01 16:24:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether a writ petition challenging an election result for Gram Pradhan is maintainable given the availability of a statutory alternative remedy.
The effect of Section 12(c) of the Uttar Pradesh Panchayat Raj Act, 1947 on alternative remedies for election disputes.
Abhimanyu
State Of U.P.
Rajeev Misra
As recorded by the court registry
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