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Allahabad High Court

Tej Narayan vs The State Election Commission And 4 ... on 29 June, 2021

Author: Sunita Agarwal

Bench: Sunita Agarwal





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - C No. - 13319 of 2021
 

 
Petitioner :- Tej Narayan
 
Respondent :- The State Election Commission And 4 Others
 
Counsel for Petitioner :- Prem Shankar Kushwaha,Anil Kumar Bind,Manphool Singh Gaur
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sunita Agarwal,J.
 

Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard Sri Prem Shankar Kushwaha learned counsel for the petitioner, Sri Imran Sayed learned counsel for the respondent-State Election Commission and learned Standing Counsel for the State-respondents.

The present petition has been filed with the following relief:-

"(i) Issue a writ, order or direction in the nature of certiorari to quash the result dated 04.05.2021 (Annexure No.13) of election conducted on 26.04.2021 for the post of Member of Zila Panchayat Ward No.15, Abhaypur District- Fatehpur.
(ii) Issue a writ, order or direction in the nature of mandamus commanding to the respondent No.1 to 4 that they may to correct the tabulation chart (Annexure No.12) of aforesaid election conducted on 26.04.2021 for the post of Member Zila Panchayat, Ward No.15, Abhaypur, District Fatehpur and declare the petitioner as winner of the said election and issue winner certificate to the petitioner"

The petitioner herein claims to be a candidate for the post of Member of Zila Panchayat, Ward-15 Abhaypur, District- Fatehpur in the Zila Panchayat Election-2021.

According to us the appropriate remedy of the petitioner is to file an election petition before the Election Tribunal.

The writ petition is, accordingly, dismissed on the ground of alternative remedy.

Order Date :- 29.6.2021 Himanshu