Factual matrix, in short compass, as set out in the writ peti tion is that the petitioner has filed his nomination papers for the post of Gram Pradhan and for membership of Kshetriya Samiti, for the area which was reserved for the Other Backward Classes. His nomina tion papers were accepted and he was al lotted symbol car for contesting the elec tion of Pradhan and rising Sun for mem bership to the District Development Com mittee. The polling was held on 14-6-2000 but before the start of the counting, the election was countermanded for the reason that the petitioner did not belong to Other Backward Classes. The petitioner claims himself to be the Gosain, which according to the Schedule No. 1 of the U. P. Public (Reservation of Schedule Caste and Schedule Tribe and Backward Classes) Act, 1994, is one of the Other Backward Classes Castes. Being aggrieved against the said order, the petitioner has filed the present writ petition. 2. Learned Counsel for the petitioner urged that the certificate was granted by the Revenue Authority mentioning there in that the petitioner belonged to Other Backward Classes. The said certificate was not cancelled by any authority as the nomination papers of the petitioner was accepted and the polling had also taken place, hence it was urged that the State Elec tion Commissioner, without giving any op portunity of hearing to the petitioner to show that the petitioner belonged to Back ward Classes, could not have counter manded the election. It was vehemently urged that the entire action of the Election Commissioner was arbitrary and hit by Ar ticle 14ofth. Constitution of India. 3. Before dealing with the controver sy involved in this writ petition, it would be relevant to have a glance over the provision of Article 243-K, and Article 324 of the Constitution of India, which are reproduced below:- 243-K (1 ). The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayat shall be vested in a State Election Commission consisting of a State Election Com missioner to be appointed by the Governor. The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayat shall be vested in a State Election Commission consisting of a State Election Com missioner to be appointed by the Governor. (2) Subject to the provisions of any law made by the legislature of a State, the conditions of service and tenure of office of the State Elec tion Commissioner shall be such as the Gover nor may by Rule determine: Provided that the State Election Commis sioner shall not be removed from his office ex cept in like manner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his ap pointment. (3) The Governor of a State shall, when so requested by the State Election Commission, make available to the State Election Commis sion such staff as may be necessary for the dis charge of the functions conferred on the State Election Commission by clause ( 1 ). (4) Subject to the provisions of this Con stitution, the Legislature of a State may, by law, make provision with respect to all matters relat ing to, or in connection with, elections to the Panchayats. 324 (1 ). The superintendence, direction and control of the preparation of the electoral rolls, and the conduct of, all elections to Parlia ment and to the Legislature of every State and of elections to the office of President and Vice President held under this Constitution. . . shall be vested in a Commission (referred to in this Con stitution as the Election Commission ). (2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioner, if any, as the President may from time to time fix and the appointment of the Chief Election Commis sioner and other Election Commissioner shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President. (3) When any other Election Commis sioner is so appointed the Chief Election Com missioner shall act as the Chairman of the Elec tion Commission. (3) When any other Election Commis sioner is so appointed the Chief Election Com missioner shall act as the Chairman of the Elec tion Commission. (4) Before each general election to the House of the People and to the Legislative As sembly of each State, and before the first general election and thereafter before each biennial election to the Legislative Council of each State having such Council, the President may also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the func tions conferred on the Commission by clause ( 1 ). (5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commission and the Regional Commissioners shall be such as the President may by Rule determine. Provided that the Chief Election Commis sioner shall not be rembved from his office ex cept in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointments: Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Com missioner. (6) The President or the Governor. . . of a State, shall when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Com mission by clause (l ). 4. Article 243-O as well as Article 329 of the Constitution of India, which are also relevant for the purpose of the decision of this case, arc quoted below: - 243-O, Notwithstanding anything in this Constitution,- (a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies made or purport ing to be made under Article 243-K, shall not be called in question in any Court; (b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the legislature of a State. 329. Notwithstanding anything in this Constitution. . . 329. Notwithstanding anything in this Constitution. . . (a) the validity of any law relating to the delimitation of constituencies, or the allotment of seats to such constituencies, made or purport ing to be made under Article 327 or Article 328, shall not be called in question in any Court. (b) no election to either House of Parlia ment or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate legislature. 5. It is pertinent to mention here that the language and tenor of Article 243-K and 324 of the Constitution of India more or less vest the same powers to the Elec tion Commission and the State Election Commission, Article 243-O and Article 329 of the Constitution also more or less cover the same field. Section 12-Cof the U. P. Panchayat Raj Act, provides that the election of a person as Pradhan or as mem ber of a Gram Panchayat including the election of a person appointed as the Panch of the Nayaya Panchayat under Sec tion 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 prac tice of bribery or undue influence has ex tensively prevailed at the election, (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 there under. 6. Section 14 (2) of the U. P. Kshetriya Panchayats and Zila Panchayats Adhiniyam, 1961, reads as under:- "14 (2) If any question arises as to whether a person has been lawfully chosen a member of a Kshettra Panchayat or has ceased to remain eligible to be such member the question shall be referred in the manner prescribed to the Judge, whose decision shall be final and binding. " 7. In the present case the Election Commission on the report of two Naib Tehsildar and the District Officer/district Magistrate found that the petitioner belonged to Backward Class. " 7. In the present case the Election Commission on the report of two Naib Tehsildar and the District Officer/district Magistrate found that the petitioner belonged to Backward Class. But power to show in the said report indicated that the District Election Officer, Sultanpur got enquiry made through Sub- divisional Magistrate, Sadar, Sultanpur who deputed Naib Tehsildar, Kurebhar and Naib Tehsildar, Barowas who visited village Desarun on 12-6- 2000 and found that Smt. Savitri Devi wife of petitioner Krishna Kumar is resident of village Chaukhada, District Jaunpur and is daughter of Kailash Nath Dubey who is Brahmin. They further found that Ram Kumar brother of Krishna Kumar is married in the family of Shiv Mangal Shukla, Advocate, Sultanpur. They further found that no Gosain resides in village Desarua and that the family of the petitioner is a reputed Mishra family and are Brahmins. He further stated that the petitioner and his wife are Brahmins and no Goshin. Sub-Divisional Magistrate submitted that/his report 12-6-2000 to District Magistrate/returning Officer, Sultanpur who is also the District Election Officer. The District Magistrate, Sultan pur also obtained opinion on this conten tious issue from District Government Counsel (Civil), Sultanpur who submitted his opinion to District Magistrate, Sultan pur in which he clearly stated that the petitioner is Brahmin Caste and is not entitled to contest election for the office of Pradhan from Desarua as the seat is reserved for O. B. C. After the receipt of the aforesaid report, District. Magistrate, Sul tanpur sent letter dated 21-6- 2000 by Fax to Secretary, State Election Commission in which he clearly stated that the petitioner has obtained false Caste Cer tificate and after annexing the same with his nomination paper has contested the election for the office of Pradhan, Desarua for which voting was held on 14-6-2000 and that this action of the petitioner amounts to violation of provisions of Ar ticle 243-D of the Constitution of India and has sought suitable action in this respect by State Election Commission. He also annexed reports of S. D. M. , Sadar and opinion of District Government, Counsel (Civil) along with his report. 8. After considering all the material on the record the State Election Commis sioner has passed order dated 23-6-2000 and countermanding the election under his plenary powers vested in him under Article 243-Kof the Constitution of India. 9. He also annexed reports of S. D. M. , Sadar and opinion of District Government, Counsel (Civil) along with his report. 8. After considering all the material on the record the State Election Commis sioner has passed order dated 23-6-2000 and countermanding the election under his plenary powers vested in him under Article 243-Kof the Constitution of India. 9. The amplitude and width of the functions of the Election Commission has been examined by the Constitutional Bench of Honble Supreme Court in great detail in Mohinder Singh Gill v. The Chief Election Commissioner, New Delhi, (1978) 1 SCC 405 . Relevant paras of which are extracted below:- "the important question that arises for consideration is as to the amplitude of powers and the width of the functions which the Elec tion Commission may exercise under Article 324 of the Constitution. According to Mr. Rao ap pearing on behalf of the appellants, there is no question of exercising any powers under Article 324 of the Constitution which, in terms, refers to function under sub-article (6 ). We arc, how ever, unable to accept this submission since functions include powers as well as duties (see Strouds Judicial Dictionary)?. 1196 ). It is in comprehensible that a person or body can dis charge any functions without exercising powers. Powers and duties are integrated with function. Article j 324 (1) vests in the Election Com mission the superintendence, direction and con trol of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of the President and Vice President held under the Constitution. Article 324 (1) is thus couched in wide terms. Power in any democratic set up, as is the pattern of our polity, is to be exercised in accordance with law. That is why Article 327 and 328 provide for making of provisions with respect to all matters relating to or in connection with elections for the Union Legislatures and for the State Legisla tures respectively. When appropriate laws are made under Article 327 by Parliament as well as under Article 328 by the State Legislatures, the Commission has to act in conformity with those laws and the other legal provisions made there under. When appropriate laws are made under Article 327 by Parliament as well as under Article 328 by the State Legislatures, the Commission has to act in conformity with those laws and the other legal provisions made there under. Even so, both Article 327 and 328 are "subject to the provisions" of the Constitution which include Article 324 and Article 329. Since the conduct of all elections to the various legisla tive bodies and to the offices of the President and the Vice-President is vested under Article 324 (1) in the Election Commission, the framers of the Constitution took care to leaving scope for exercise of residuary power by the Commis sion, in its own right, as a creature of the Constitution, in the infinite variety of situations that may emerge from time to time in such a large democracy as ours. Every contingency could not be foreseen, or anticipated with precision. That is why there is no hedging in Article 324. The Commission may be required to cope with some situation which may not be provided for in the enacted laws and the Rules. That seems to be the raison centre for the opening clause in Ar ticle 327 and 328 which leaves the exercise of powers under Article 324 operative and effec tive when it is reasonably called for in a vacuous area. There is, however, no doubt whatsoever that the Election Commission will have to con form to the existing laws and Rules in exercising its powers an G performing its manifold duties for the conduct of free and fair elections. The Election Commission is a high-powered and in dependent body which is irremovable from of fice except in accordance with the provisions of the Constitution relating to the removal of the Constitution (sic) to be kept completely free from any pulls and pressures that may be brought through political influence in a democracy run on party system. Once the ap pointment is made by the President, the Elec tion Commission remains insulted from extraneous influences, and that cannot be achieved unless it has an amplitude of powers in the conduct of election of course in accordance with the existing laws. Once the ap pointment is made by the President, the Elec tion Commission remains insulted from extraneous influences, and that cannot be achieved unless it has an amplitude of powers in the conduct of election of course in accordance with the existing laws. But where these are ab sent, and yet a situation has to be tackled, the Chief Election Commissioner has not to fold his hands and pray to god for divine inspiration to enable him to exercise his functions and to per form his duties or to look to any external authority for the grant of powers to deal with the situation. He must lawfully exercise his power independently, in all matters relating to the con duct of elections, and see that the election process is completed properly, in a free and fair manner. "an express statutory grant of power or the imposition of a definite duty carries with it by implication, in the absence of a limitation, authority to employ all the means that are usual ly employed and that are necessary to the exer cise of the power or the performance of the duty. . . That which is clearly implied is as much a part of a law as that which is expressed. " 114. The Chief Election Commissioner has thus to pass appropriate orders on receipt of reports from the returning officer with regard to any situation arising in the course of an election and power cannot be denied to him to pass appropriate orders. Moreover, the power has to be exercised with promptitude. Whether an order passed is wrong, arbitrary or is otherwise invalid, relates to the mode of exercising the power and does not touch upon the existence of the power in him if it is there either under the Act or the Rules made in that behalf, or under Article 324 (1 ). " 10. It was vehemently urged by Mr. Satish Sitapuri, learned Counsel appear ing on behalf of the petitioner that assum ing that vast powers have been vested to the State Election Commission, even then it is incumbent upon the State Election Commissioner to act justly and fairly while exercising such powers, the State Election Commissioner, while countermanding for re-polling, must satisfy the principles of natural justice. Satish Sitapuri, learned Counsel appear ing on behalf of the petitioner that assum ing that vast powers have been vested to the State Election Commission, even then it is incumbent upon the State Election Commissioner to act justly and fairly while exercising such powers, the State Election Commissioner, while countermanding for re-polling, must satisfy the principles of natural justice. It was submitted that any administrative action from which civil consequences follow, must satisfy the re quirements of principles of natural justice. It was urged that although the State Elec tion Commissioner is repository of vast powers but he cannot be said to be im mune from observance of doctrine of natural justice. 11. It is well settled that when the poll has already taken place but cancelled and afresh poll has been ordered, the order with the amended date is passed, then it will be deemed to be an integral part of the electoral process. It, therefore, necessarily follows that if there is any illegality in the exercise of the power under Article 324 or under any provisions of the Act, there is no reason why Section 100 (1) (d) (iv) of the Act should not be attracted to it. 12. In para-20 of the report, it was observed: "but after the notification has been issued by the President, the entire electoral process is in the charge of the Election Commission and the Commission is exclusively responsible for the Conduct of the election without reference to any outside agency. We do not find any limitation in Article 324 (1) from which it can be held that where the law made under Article 327 or the relevant Rules made there under do not provide for the mechanism of dealing with a certain extraordinary situation, the hands of the Elec tion Commission are tied and it cannot inde pendently decide for itself what to do in a matter relating to an Election. We are clearly of opinion that the Election Commission is competent in an appropriate case to order re-poll of an entire constituency where necessary. It will be an exer cise of power under Article 324. The submission that there is complete lack of power to make the impugned order under Article 324 is devoid of substance. " 13. We are clearly of opinion that the Election Commission is competent in an appropriate case to order re-poll of an entire constituency where necessary. It will be an exer cise of power under Article 324. The submission that there is complete lack of power to make the impugned order under Article 324 is devoid of substance. " 13. The plenary bar of Article 329 (b) and 243-O (b) rest on two principles (i) the peremptory urgency and prompt en gineering of the whole election process without intermediate interruptions byway of legal proceedings challenging the steps and stages in between the commencement and the conclusion; and (ii) the provisions of the special jurisdiction which can be invoked by an aggrieved party at the end of the election excludes the other forms, the right and remedy being creatures of the statute and controlled by the Constitution. 14. In view of the aforesaid principle in Mohinder Singh Gill (supra), it was ob served that: " The conclusion is, therefore, irresistible that jurisdiction under Article 226 cannot con sider the correctness, legality or otherwise of the direction for cancellation integrated with the re-poll because the prima facie purpose of such re-poll was to restore a detailed poll process and to complete it through the salvationary effect of a re-poll. Whether in fact or in law the order is validity made by the Election Commission or is violative can be examined later by the High Court as the Election Tribunal. If the regular poll, for some reason, has failed to reach the goal of choosing the returned candidate and to achieve this object a fresh poll (not a new elec tion) is needed, it may still be step in the election. Hence, the writ application challenging the can cellation coupled with re-poll, amounts to calling in question a step in election and is, therefore, barred by Article 329 (b ). " 15. In para-123 of the report, it was observed that: "the appellants, then, will not be without a remedy to question every step in the electoral process and every order that has been passed in the process of the election including the , countermanding of the earlier poll. " 15. In para-123 of the report, it was observed that: "the appellants, then, will not be without a remedy to question every step in the electoral process and every order that has been passed in the process of the election including the , countermanding of the earlier poll. In other words, when the appellants question the election after declaration of the results on the basis of the fresh poll, the election Court will be able to entertain their objection with regard to the order of the Election Commission counter manding the earlier poll, and the whole matter will be at large. If for example, the election Court comes to the conclusion that the earlier poll has been wrongly cancelled or the impugned order of the Election Commission is otherwise invalid, it will be entitled to set aside the election on the basis of the fresh poll and will have power to breathe life into the countermanded poll and to make appropriate directions and orders in ac cordance with law. There is, therefore, no foun dation for a grievance that the appellants will be without any remedy if their writ application is dismissed. It has in fact been fairly conceded by Counsel for the other side that the election Court will be able to grant all appropriate relief and that the dismissal of the writ petition will not prejudice the appellants. " 16. In view of the fact that the State Election Commission countermanded the poll before the election process was over, inasmuch as, re-counting and the declara tion of the result had not been made, it cannot be said that he was not vested with the power to countermand the election, and, in view of a complete ban on all man ner of questions which may have impact on the ultimate results of the election per taining to the election as provided under Article 243-O (b), the writ petition would not be maintainable because the petitioner has alternative remedy to assail or challenge the election by filling an election petition before the prescribed authority as provided under Section 12-C of the Panchayat Raj Act. Section 14 (2) of the U. P. Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961 as well as under Article 243-O (b) of the Constitution of India. The writ peti tion is devoid of merits. It is accordingly dismissed. Petition dismissed. .