Baby vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 15034 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:33079
 
Court No. - 6
 

 
Case :- WRIT - C No. - 3773 of 2023
 

 
Petitioner :- Baby
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Panchayat Raj, Lko. And 8 Others
 
Counsel for Petitioner :- Mohammad Ehtesham Khan,Santosh Kumar
 
Counsel for Respondent :- C.S.C.,Manoj Kumar Mishra,Nijam Ahamad
 

 
Hon'ble Rajnish Kumar,J.

Heard Shri M.E.Khan, learned counsel for the petitioner and Shri Manoj Kumar Mishra, learned counsel for respondent no.7 and learned Standing Counsel for respondents no.1, 2 and 4.

This court had passed the following order on 10.05.2023:-

"Shri Manoj Kumar Mishra, Advocate filed Vakalatnama on behalf of the respondent no.7 which is taken on record.

He raised a preliminary objection that this petition challenging the final order passed in the election petition filed by the respondent no.7, by means of which the order of recounting has been directed, is not maintainable because the petitioner has an alternative and statutory remedy of revision under Section 12(C)(6) of the U.P. Panchayat Raj Act, 1947.

As prayed by learned counsel for the petitioner list/ put up day after tomorrow i.e. 12.05.2023 in top ten cases showing the name of Shri Manoj Kumar Mishra, Advocate as counsel for the respondent in the cause list. "

Learned counsel for the petitioner could not dispute that the revision is provided under Section 12(C)(6) of the U.P.Panchayat Raj Act, 1947 against the order on an application filed under Section 12-C(1) of U.P.Panchayat Raj Act, 1947. He further submits that by means of the impugned order the application filed by respondent no.7 under Section 12-C(1) of the Act of 1947 has been decided, whereas it could not have been decided finally, while directing for recounting by the said order, in view of judgment and order dated 23.12.2022 of this court rendered in the case of Parshuram Versus State of U.P. and others; Mattes Under Article 227 No.31424 of 2021.

In view of above, since the Election Petition filed under Section 12-C(1) of the U.P. Panchayat Raj Act, 1947 has been decided by means of the impugned order dated 26.04.2023, therefore on account of availability of statutory and alternative remedy under Section 12(C)(6) of the said Act, this petition is not maintainable and is hereby dismissed on the ground of availability of statutory and alternative remedy, which may be availed by the petitioner in accordance with law.

.

.......................................(Rajnish Kumar,J.)

Order Date :- 12.5.2023

Banswar