A writ petition is not the appropriate remedy to challenge the validity of an election when the allegations are based on disputed questions of fact and the petitioner has not exhausted all available remedies.

JUDGMENT :- The petitioner's case in the instant Writ petition is that he is a voter of the West Bengal Legislative Assembly and after the constitution of a Gram Shabha named "Nawda-Asannagar Gramshabha" he became a member thereof as his name was included on the Electoral Roll in the voters' list of one of its Constituency, Beltalspara. His further case is that the election of Anchal members of the Asannagar Anchal which was held from 17-4-1964 to 29-4-1964 and the election of respondent No. 5 and respondent No. 10 as Prodhan and Upa-Prodhan held on 11-5-1964 are all illegal because among those who were elected as members of the said Anchal Panchayet, the respondents Nos. 3 and 6 are both below 25 years and the respondent No. 4 Mahendra Nath Biswas is a Pakistani citizen who surrendered his Pakistani passport after coming to India sometime in 1953 and since then he has not been registered as a citizen of India. It is also alleged that the respondent No. 14, Paban Kumar Mondal, filed a false affidavit stating that he is Paka Mondal who is voter No. 74 in part No. 240 of the Assembly Electoral Rolls. Still further case of the petitioner is that the Paschim Asannagar Gram Shabha, a constituent of Asannagar Anchal, had itself three Constituencies, namely, Paschim Asannagar Uttarpara having 4 seats for the Paschim Assannagar Panchayat, Paschim Asannagar Paschimpara having 3 seats and Paschim Assannagar Bazarapara having 3 seats and after the date of scrutiny of nomination papers was over, 35 voters were shifted to Paschimpara from Uttarpara and the number of seats was increased in Paschimpara from 3 to 4 and the number in Uttarpara was reduced from 4 to 3, and thus the entire election was vitiated by fatal irregularities.

2. Upon these facts the petitioner took several grounds and prayed for issue of a Writ in the nature of Mandamus directing the respondents Nos. 1 and 2, namely, the State of West Bengal and the Block Development Officer to withdraw and or cancel and or quash and or forbear from giving effect to the election of Asannagar Anchal as well as the election of Prodhan and Upa-Prodhan and also for a Writ in the nature of certiorari to quash the proceedings pertaining to both the said elections and thereupon a Rule nisi in terms of Prayers (a) and (b) was issued.

3. The only point canvassed before me by Mr. Chatterjee the learned Advocate for the petitioner, is that both the said elections must be set aside as the respondent No. 4 who is a Pakistani citizen has been elected as one of the members of the said Anchal Panchayat and as such member he has participated in the election of Prodhan and Upa-Prodhan.

4. Before I deal with the point raised, I must notice that the present Writ petition is highly defective as on the prayers upon which a Rule nisi was issued this Court cannot grant any relief even if the election for any reason is held to be invalid. The West Bengal Panchayat Act is a self-contained statute and I fail to see any provision in the Act by virtue of which State Government or the Block Development Officer may be directed by this Court either to forbear from giving effect to the election or cancel the same. Issue of a Writ of Mandamus is only called

for when there is a breach of statutory duty or (forbearance?) to perform statutory duty. But in the whole Act there is no provision imposing statutory duty upon the State Government or the Block Development Officer to cancel the said election or not to give effect to the election. The election under the Act can be set aside only in the manner prescribed under Rule 30 of West Bengal Panchayat Rules by the Tribunal and not by the State Government or the Block Development Officer.

5. The Rules, principles or procedures for issue of Writs have been introduced and adopted in this country substantially from "Crown practice" in England. The principles governing the grant of Writ of Mandamus and Quo Warranto are stated in paragraph 1274 of Halsbury's Laws of England (V