KAMLABEN DAHYABHAI KHAMBHAL Vs. ELECTION OFFICER

JUDGEMENT

(1.) Heard Mr. P.S. Champaneri, learned advocate for the petitioner, and Mr. Tirthraj Pandya, learned AGP for the respondent State. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for following main reliefs:-

(2.) Mr. Tirthraj Pandya, learned AGP for the State Government authorities submitted that the elections had taken place as per the election programme.

(3.) Though the petition is maintainable under Article 226 of the Constitution of India, we restrain ourselves for entertaining the petition as there is an alternative remedy of filing an election petition challenging the election . Be that as it may, it would be open for the petitioner to file appropriate election petition before the Tribunal as provided under Sec. 31 of the Gujarat Panchayats Act, 1993. If any such application is filed, the Tribunal is expected to deal with the same in accordance with law as this petition is not entertained only on the ground of availability of alternative remedy. Even otherwise the same would require appreciation of evidence and hence, the petition is not entertained in exercise of jurisdiction under Article 226 of the Constitution of India. Accordingly, the present petition is dismissed. However, there shall be no order as to costs.