SADMONI SOREN Vs. STATE AND OTHERS

JUDGEMENT

(1.) The appellants case before the learned single Judge was that she and respondent No. 9 were two candidates contesting in a constituency of the Gram Panchayat and that before deadline for withdrawal was over, the respondent No. 9 had submitted her withdrawal from the contest leaving the appellant as the only remaining candidate and therefore, the returning officer should have declared the appellant as haying been elected unopposed. The learned single Judge has, howevei, dismissed the writ application only on the ground that it is not maintainable in view of the specific provisions contained in Sec. 204 of the West Bengal Panchayat Act, 1973 which provides that every dispute relating to the validity of election under the Act shall be settled and adjudicated upon through the medium of an election petition filed before the forum prescribed therein, that is, a Munsif having jurisdiction in the matter. In fact, Sec. 204 of the West Bengal Panchayat Act, 1973 has been saved by Art. 243(0) of the Constitution of India which clearly stipulates that no election to any Panchayat shall 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 a legislature of a State. Apparently, it is in the exercise of this power that the provision contained in Sec. 204 of 1973 Act has been incorporated.

(2.) The remedy of the appellant lay in filing a proper election petition under Sec. 204 of the 1973 Act before a Munsif having territorial jurisdiction in the matter. The filing of a writ application under Art. 226 of the Constitution, or for that matter taking recourse to any other remedy except the filing of the election petition under Sec. 204 of 1973 Act was not a proper course of action taken by the appellant. The dismissal of the writ application on this ground therefore was the only logical conclusion for the improper remedy which the appellant sought to avail of. We find ourselves in complete agreement with the view taken by the learned single Judge. While therefore upholding the judgment under appeal, we dismiss the appeal and the application for stay without any order as to costs. Order accordingly.