KAUSER Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) Notice. Mr. Ajeet Saklani, Advocate and Mr. R.R. Rahi, learned Advocate General appear and accept service of notice on behalf of respondent No. 1 and respondents No. 2 to 4, respectively.

(2.) Petitioner has in essence challenged the election of respondent No. 5 as Member, Block Development Committee, Misserwala, District Sirmour in the elections to Panchayati Raj Institutions of the State concluded in January 2021. The writ petition has been filed for the following relief:

(3.) The writ petition filed by the petitioner is not maintainable at all as an efficacious and alternate remedy is available to the petitioner for redressal of her grievance under the provisions of H.P. Panchayati Raj Act, 1994. Sec. 162 of the H.P. Panchayati Raj Act provides that no election under the Act shall be called in question except by an election petition presented in accordance with the provisions of the chapter and Sec. 175 of the Act enumerates the grounds for declaring election to be void. The above Sec. run as under: