The case is taken up through video conferencing. It is accompanied with an application for urgency which on consideration is allowed.
Heard learned counsel for petitioner and learned Standing Counsel appearing on behalf of opposite parties no.1,3,4,5 and 6.
In view of the order being passed, notices to opposite parties 2 and 7 stand dispensed with.
The writ petition has been filed seeking following reliefs:
"(i) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties, particularly opposite party no. 2 to 5 to forthwith consider the claims/objections filed by the petitioner and other villagers along with electoral roll of gram Panchayat-Daljit Purwa, Block- Balha, Tahsil-Mihipurwa, District Bahriach may kindly be directed to be published after rectification of anomalies as narrated in the petition within the time stipulated by this Hon'ble Court.
(ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties, particularly opposite party no. 2 & 3 to constitute a High Level Committee for enquiry of the act and conduct of opp. no.7 and thereby responsibility of opp.no.7 may be fixed and dealt with appropriately for preparation of draft/provisional electoral roll of gram Panchayat Daljit Purwa, Block- Balha, Tahsil-Mihipurwa, District Bahriach for panchayat election 2021.
(iii) Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.
(iv) Allow the cost of the writ petition in favour of the petitioner."
Learned Standing Counsel appearing on behalf of opposite parties informs that notification for holding panchayat election has been issued vide notification dated 26.3.2021. It is submitted that in view of constitutional bar under Article 243(O), the writ petition, at this stage, is not maintainable.
This Court is in agreement with the objection raised by learned Standing Counsel regarding maintainability of the writ petition.
Accordingly, the writ petition is dismissed.
Order Date :- 13.4.2021 prabhat