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Judgment
Sanjay Dwivedi, J
The petitioner by the instant petition filed under Article 226 of the Constitution of India is raising grievance with regard to irregularities committed during course of counting of votes casted for the post of Member of Zila Panchayat Shahdol.
The counsel for the petitioner submits that pointing out such irregularities, the petitioner made an application (Annexure-P/2) to the authority, but the same has not been decided so far. Therefore, he prays that the respondents/authority may be directed to decide the petitioner's pending application.
On the other hand, learned Government Advocate and learned counsel for the respondent/Election Commission have opposed the prayer made by learned counsel for the petitioner saying that the result of the election has already been declared, therefore, at the most the petitioner can raise her grievance by filing an election petition.
Considering the aforesaid, it is not appropriate to direct the authority to decide the representation/application of the petitioner. However, liberty is with the petitioner to raise election dispute by filing an election petition under the provision of Section 122 of the Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993.
With the aforesaid, this petition is disposed of.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Certified copy as per rules.