- (1.) HEARD learned counsel for the petitioner, learned Advocate who appeared for the Election Commission and learned Standing Counsel.
(2.) PRAYER in this petition is for quashing the final result sheet Part 2 dated 14.11.2010 in respect to Block Sahawar and Ganj Dundawara of 5 Territorial Constituency of Zila Panchayat Kanshiram Nagar. There is a further prayer that result sheet issued by the returning officer be not given effect and the State Election Commission and District Collector be directed to prepare a fresh, proper and correct tabulation chart on the basis of proper and correct counting of votes received at returning officer's table and then to issue correct final result sheet. Submission of the learned counsel for the petitioner is that as no grounds are provided in the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 and U.P. Zila Panchayat (Settlement of Disputes relating to Membership) Rules, 1994 hereinafter referred as the Act/Rules to challenge the election of an elected member of Zila Panchayat, the election petition for the purpose may not be entertainable.
(3.) IT was then submitted that in the light of the facts and the details as has been brought on record as this Court is not to resolve any factual dispute petitioner is not to be relegated for the alternative remedy of filing election petition. In support of the aforesaid submission reliance has been placed on the decision given in the case of Lal Chand v. State of Haryana and others AIR 1999 Punjab and Haryana 1.;