Point of Law : In our view, on proper interpretation of the Statute, after election process has come to an end, the State Election Commissioner, District Magistrate and the Election Officer cease to have any jurisdiction and the only authority which can deal with and decide any complaint regarding the election is the Election Tribunal.

JUDGMENT :

1. Notices on behalf of opposite parties no.1 to 3 have been accepted by the office of learned Chief Standing Counsel.

2. Heard learned counsel for the petitioner as well as Mr. Manish Mishra, learned Standing Counsel appearing on behalf of State

Authorities.

3. The instant writ petition has been filed in the nature of public interest litigation seeking following reliefs:

"1. Issue a writ, order or direction in the nature of mandamus directing the opposite parties no. 1 to 3 to take effective measures for enquiring into the complaint dated 13.08.2021 preferred by the petitioner regarding the functioning of opposite party no. 5 on the post of Gram Pradhan, Gram Panchayat-Mohammadpur Nagara Garhi, Pargana Kasta, Tehsil-Mitauli, District-Kheri.

2. Issue a writ, order or direction in the nature of mandamus directing the opposite parties no. 2 and 3 to disqualify the opposite party no. 5 from the post of Gram Pradhan, Gram Mohammadpur Nagara Garhi, Panchayat Pargana-Kasta, Tehsil-Mitauli, District-Kheri exercising their power provided in chapter II-A Section-5-A sub rule-(c) U.P. Panchayat Raj Act, 1947.

3. Any other order or direction, which this Hon'ble Court may deem fit and proper, may also be passed in the interest of justice.

4. Allow the writ petition with cost."

4. Learned counsel for the petitioner contends that the respondent no.5 has been elected as Gram Pradhan, Gram Panchayat Mohammadpur Nagara Garhi, Pargana Kasta, Tehsil Mitauli, District Kheri in April, 2021. It is alleged that she is holding the office of profit in the capacity of being a Clerk in the respondent no.4/Bank and thus the same has attracted a disqualification for her being elected as Pradhan. He further submits that in this regard the petitioner has already preferred an application under the provisions of Section of 6A of Uttar Pradesh Panchayat Raj Act, 1947 (hereinafter referred to as 'the Act, 1947') and prays that the said application be directed to be decided in accordance with law within specified a time.

5. Mr. Manish Mishra, learned Standing Counsel appearing on behalf of the State Authorities, on the other hand, submits that once the respondent no.5 has been elected as Gram Pradhan the application under Section 6-A of the Act 1947 would not be maintainable, rather only an election petition can be filed under Section 12-C of the Act, 1947 to challenge the election of the respondent no. 5 for the alleged disqualification and thus the present writ petition would not be maintainable.

6. Having heard the learned counsel appearing for the contesting parties and having perused the records what is apparent is that by means of the instant petition, though the petitioner has sought for a mandamus commanding the respondents no. 1 to 3 to enquire into the complaint dated 13.08.2021 submitted by the petitioner regarding the functioning of the respondent no. 5 who admittedly has been elected as Gram Pradhan of the concerned Gram Panchayat yet in fact the petitioner wants the respondent no. 5 to be disqualified from the post of Gram Pradhan as would be apparent from the second prayer made in the petition. The ground taken is that on account of respondent no. 5 holding an office of profit in the capacity of being a clerk under the respondent no. 4-bank, she could not have been validly elected as Gram Pradhan. Though the writ petition is couched in very innocuous terms and seeks the decision on the application/complaint filed by the petitioner by invoking the disqualification as prescribed under Section 5 A of the Act, 1947 yet, as already indicated above, the resultant effect of the same is setting aside of the election of respondent no. 5, an elected Gram Pradhan.

7. For the purpose of consideration of the said prayer, we would have to consider the provisions of Section 12 C of the Act, 1947 which for the sake of convenience are reproduced below:-

"12-C. Application for questioning the elections – (1) The election of a person as Pradhan [The words "of a Gao