VIMALESH Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) THE petitioner's contention is that her nomination paper was accepted as a sole candidate of the concerned particular ward. Though it is not being formally de­clared as elected but her name came in the newspaper as declared. Subsequently she found that instead of formal declaration nomination of the candidate of another ward has been transferred to this ward to contest the election for which she has made her representation.

(2.) SINCE Rule 21 of The Uttar Pradesh Kshettra Panchayats and Zila Panchayats (Election of Members) Rules, 1994 says that at the time declaring the list if the Election Commission finds that there is one contest­ing candidate for a constituency, he shall forthwith declare such candidate as duly elected.

(3.) WE have fortified that there are two nominations, one is on behalf of the petitioner and another is on behalf of the respondents. The petitioner has relied upon a decision in 1999 AIR (SC) 1723 and 1999 SCC 4 - 526 wherein it has been held pow­ers under Article 226 of the Constitution has no bar in interfering with the matter regarding election. Powers under Article 226 of the Constitution can be exercised when there is any act which is against any provision of law or violative of constitu­tional provisions and when recourse cannot be had to the provisions of the Act for the appropriate relief.