By the Court.—Heard learned counsel for the petitioner, learned Advocate who appeared for the Election Commission and learned Standing Counsel.

2. Prayer in this petition is for quashing the final result sheet Part 2 dated 14.11.2010 in respect to Block Sahawar and Ganj Dundawara of 5 Territorial Constituency of Zila Panchayat Kanshiram Nagar.

3. There is a further prayer that result sheet issued by the returning officer be not given effect and the State Election Commission and District Collector be directed to prepare a fresh, proper and correct tabulation chart on the basis of proper and correct counting of votes received at returning officer’s table and then to issue correct final result sheet.

4. Submission of the learned counsel for the petitioner is that as no grounds are provided in the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 and U.P. Zila Panchayat (Settlement of Disputes relating to Membership) Rules, 1994 hereinafter referred as the Act/Rules to challenge the election of an elected member of Zila Panchayat, the election petition for the purpose may not be entertainable.

5. It was then submitted that in the light of the facts and the details as has been brought on record as this Court is not to resolve any factual dispute petitioner is not to be relegated for the alternative remedy of filing election petition.

6. In support of the aforesaid submission reliance has been placed on the decision given in the case of Lal Chand v. State of Haryana and others AIR 1999 Punjab and Haryana 1.

7. Sri Upadhyaha, learned Additional Chief Standing Counsel submits that if in the Adhiniyam to challenge the election of a member of Zila Panchayat a forum has been provided and in the Rules manner of raising the dispute and the form etc. is also provided, it is wrong to argue that on account of non mention of the grounds like Panchayat Raj Act and the Representative of People Act Election petition will not be entertainable.

8. It is further submitted that if no ground is mentioned to file an election petition then it is in more wide terms and grounds not being restricted on any ground whatsoever on the facts and law as may be permissible election petition can be filed.

9. Submission is that various questions, details and datas so stated/filed before this Court and is being argued needs resolution of the factual issue which being not permissible in the writ jurisdiction straight way specially when alternative effective remedy is provided, writ petition is not to be entertained on merits.

10. There is no dispute about the fact that to raise the dispute as to membership or disqualification in the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 Section 27 is available which states that dispute as to whether a person has been lawfully chosen a member of Zila Panchayat or not if is raised is to be referred for being decided in the manner so prescribed.

11. Section 27 of the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam is hereby quoted for convenience—

27. Disputes as to membership or disqualification.—(1) if any dispute arises as to whether a particular person is a member of Zila Panchayat under clause (a) of Section 18 the dispute shall be referred in the manner prescribed to the State Government and the decision of the State Government shall be final and binding.

(2) If a dispute arises as to whether a person-

(a) has been lawfully chosen a member of a Zila Panchayat under Section 18 or

(b) has ceased to remain eligible for being chosen a member of the Zila Panchayat for the purposes of Section 20 or

(C) has become disqualified to be Adhyaksha or Upadhyaksha for the purposes of Section 19,

the dispute shall be referred in the manner prescribed to the Judge whose decision shall be final and binding.

12. There is Rule also in this respect which is called as U.P. Zila Panchayat (Settlement of Disputes relating to Membership) Rules, 1994 in which manner of raising dispute, form of the petition and re