Bhupendra Belwal Vs State Of Uttarakhand and Others

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Writ Petition (M/S) No. 3105 of 2016

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Bhupendra Belwal … Petitioner Vs State of Uttarakhand & others … Respondents

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Mr. R.C. Joshi, learned counsel for the petitioner. Mr. P.C. Bisht, Standing Counsel, for the State of Uttarakhand.

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Hon’ble Sudhanshu Dhulia, J. (Oral)

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The petitioner contested the election for Gram Pradhan, in which respondent No. 6 has been declared elected. Consequently, the petitioner filed an election petition under Section 12C of the Panchayat Raj Act before the Sub-Divisional Magistrate, Koshyan Kutoli, Nainital, which was ultimately rejected vide order dated 10.10.2016. Hence the present writ petition before this Court.

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A preliminary objection has been raised by learned counsel for the State/respondents that the petitioner has an alternative remedy to file a revision before the District Judge concerned in view of Section 12-C(6) of the Panchyat Raj Act, which reads as under:-

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“12-C(6) Any party aggrieved by an order of the prescribed authority upon an application under subsection (1) may, within thirty days from the date of the order, apply to the District Judge, for revision of such order on any one or more of the following grounds, namely:-

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(a) that the prescribed authority has exercised a jurisdiction not vested in it by law;

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(b) that the prescribed authority has failed to execute a jurisdiction so vested;

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(c) that the prescribed authority has acted in the exercise of its jurisdiction illegally or with material irregularity.”

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In view of the above legal position where an alternate remedy is provided, the writ petition is dismissed on the ground of alternative remedy.

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(Sudhanshu Dhulia, J.)

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22.11.2016

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Aswal

Bhupendra Belwal v. State Of Uttarakhand and Others

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Bhupendra Belwal v. State Of Uttarakhand and Others

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