JUDGMENT :

Rohit Ranjan Agarwal, J.

1. Heard Ms Sanju Lata, learned counsel for the petitioner and learned Standing Counsel for respondent nos. 1 to 4.

2. This writ petition has been filed with the following prayer;

"(i) issue a writ, order or direction in the nature of mandamus commanding and directing the respondents No.1 and 2 to cancel the election and conduct the election for the post of Gram Panchayat member Ward No.6 Gram Panchayat Samogar, District Lalitpur."

3. Learned Standing Counsel at the very outset submitted that this writ petition is not maintainable in view of Section 12 (C) of U.P. Panchayat Raj Act, 1947 as well as Article 243-O of Constitution of India.

4. I have heard learned counsel for the parties and perused the material on record.

5. Before proceeding further a conspicuous glance of Section 12 (C) is necessary to appreciate the controversy in hand. The relevant provisions are extracted here as under;

“12-C. Application for questioning the elections – (1) The election of a person as Pradhan or as member of a Gram Panchayat including the election of a person appointed as the Panch of the Nyaya Panchayat under Section 43 shall not be called in question except by an application presented to such authority within such time and in such manner as may be prescribed on the ground that –

(a) the election has not been a free election by reason that the corrupt practice of bribery or undue influence has extensively prevailed at the election, or

(b) that the result of the election has been materially affected –

i- by the improper acceptance or rejection of any nomination or;

ii-by gross failure to comply with the provisions of this Act or the rules framed thereunder.

(2) The following shall be deemed to be corrupt practices of bribery or undue influence for the purposes of this Act.

(A) Bribery, that is to say, any gift, offer or promise by a candidate or by any other person with the connivance of a candidate of any gratification of any person whomsoever, with the object, directly, or indirectly of including –

(a) a person to stand or not to stand as, or withdraw from being, a candidate at any election; or

(b) an elector to vote or refrain from voting at an election; or as a reward to –

i- a person for having so stood or not stood or having withdrawn his candidature; or

ii- an elector for having voted or refrained from voting.

(B) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of a candidate or of any other person with the connivance of the candidate with the free exercise of any electoral right;

Provided that without prejudice to the generality of the provisions of this clause any such person as is referred to therein who –

i-threatens any candidate, or any elector, or any person in whom a candidate or any elector is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community; or

ii-induces or attempts to induce a candidate or an elector to believe that he or any person in whom he is interested will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause.

(3) This application under sub-section (1) may be presented by any candidate at the election or any elector and shall contain such particulars as may be prescribed.

Explanation – Any person who filed a nomination paper at the election whether such nomination paper was accepted or rejected, shall be deemed to be a candidates at the election.

(4) The authority to whom the application under sub-section (1) is made shall in the matte