- (1.) Heard Sri U. N. Kushwaha holding brief of Sri V. S. Kushwaha, learned counsel for the petitioner, Sri Saiful Islam Siddiqui, learned counsel for the respondent No.2 and the learned Standing Counsel for other respondents.
(2.) Learned Counsel appearing for the respondents submit that this petition essentially relates to reservation in Panchayat elections and the elections are already over and results have been declared. Learned Counsel further submit that essentially, this petition stands covered by the order of this Court passed today in Writ-C No.60784 of 2015.
(3.) Today, in the separate order passed in a similar nature petition, being Writ-C No.60784 of 2015, we have declined to exercise writ jurisdiction now at this stage while observing, inter alia, as under:- "It is not in dispute that since after filing of this writ petition, the elections to the Panchayats have already taken place including the election of Pradhan in Block Mithaura, Village Gonariya Raja, district Maharajganj where the seat was reserved for a Scheduled Caste candidate. The mandate of Article 243-O of the Constitution of India remains clear that no election to any Panchayat could be called in question except by an election petition presented to such authority and in such manner as is provided for by or under the law made by the State Legislature. This requirement has further been incorporated in Section 12-C of U.P. Panchayat Raj Act, 1947. In view of the above, it remains hardly a matter of doubt or debate that every such aspect that has the effect of questioning the election of any person as Pradhan or as member of Panchayat has to be taken up only in an appropriately constituted election petition. In the present petition, even when the petitioner seeks to submit that the requisite reservation has not been provided to the referred class and seeks the relief of setting aside the list of final reservation, such contentions and reliefs, ultimately leading to questioning of the election cannot be granted in this writ petition. In view of the above, the issues sought to be raised by the petitioner call for no adjudication in this petition because any such adjudication would nevertheless be only of an academic exercise. The basic cause of action of the petitioner relates to the election to a particular Panchayat and on this basic cause of action, when no final relief could be granted in this writ petition, in our view, this petition could only be said to be redundant and not calling for adjudication by this Court on the issues sought to be raised. The petitioner is otherwise free to take recourse to appropriate remedies in accordance with law. Accordingly and in view of the above, exercise of writ jurisdiction in this matter is declined and the petition stands dismissed, subject to the observations foregoing.";