IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.1870/2010 (Chameli Bai Versus State of Rajasthan & Others) Date of Order :: 13th July, 2011 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. R.R. Goyal for Mr. Ali Mohd. Counsel for the petitioner BY THE COURT:
By way of the instant writ petition, the petitioner has implored to quash and set-aside the election of Gram Panchayat Digod Khalsa, Panchayat Samiti Chipa Barod, District Baran held on 31st January, 2010.
Having heard Mr. R.R. Goyal, the learned counsel appearing for the petitioner and carefully perused the contents recorded in the writ petition, it is found that the election of Gram Panchayat Digod Khalsa, Panchayat Samiti Chipa Barod, District Baran was held on 31st January, 2010. The petitioner contested the election. A private respondent, whose name in the ballot paper figured as contestant no. 3, won the election. The petitioner raised an objection before the Returning Officer that totally forged votes were taken into consideration, but the Chief Election Officer did not take any step in this regard. Hence, the instant writ petition.
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It is relevant to record that if the petitioner was aggrieved with the result declared of election of Gram Panchayat, Digod Khalsa, Panchayat Samiti Chipa Barod, District Baran, he had efficacious alternate remedy by way of filing an election petition in the civil court, as envisaged under the provisions of law. The petitioner ought to have availed the efficacious alternate remedy and the writ petition in view of such a situation, is not maintainable and the same being bereft of any substance deserves to be dismissed, which stands dismissed accordingly.
(MAHESH BHAGWATI),J.
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