ONCE ALTERNATE IS PROVIDED , MOVING HIGH COURT NOT APPROPRIATE:HIGH COURT

The Punjab and Haryana High court has made it clear that it cannot decide or set aside election to the post of Sarpanch under the Panchayati Raj Act or related statute on the grounds of alleged fake votes . The High court held that for such issues , instead of approaching the court , the petitioner should file as election petition before the appropriate authorities provided under the statute. Once alternate machinery is provided by the statute ,recourse to write jurisdiction is not an appropriate remedy .A prudent discretion to be exercised by the High court not to interfere in election matters ,but relegate parties to the remedy contemplated by the statute , the High court observed .The main issue for adjudication before the bench was " whether interference under article 226 of the constitution of India for setting aside election to the post of Sarpanch (conducted in terms of the Haryana panchayati Raj Act , 1994and Haryana panchayati Raj election rules,1994 ) on the ground of alleged fake votes, is called for?".