Heard learned counsel for the petitioner. Notice on behalf of the respondents No.1,3 and 4 has been accepted by the learned standing counsel and Shri Rakesh Chaudhary, Advocate has accepted notice on behalf of the respondent No.2.
Learned counsel for the petitioner had made a mention before the Court on 06.04.2021 that he had filed a fresh petition which related to the correction in the name of the voter list of Gram Panchayat Dandupur, Post Raniganj, District Pratapgarh and since the last date of filing of the nomination was expiring on 08.04.2021 and the election is just round the cover, accordingly, the matter being urgent may be taken up.
The Court had granted permission and it is in view of the aforesaid that the matter has been placed before this Court today.
By means of the instant petition, the petitioner seeks a direction in the nature of mandamus commanding the opposite party nos. 3 and 4 to take a suitable decision on Form-12 filed by the petitioner for addition of the names of certain electors of Village Dandupur, Block Shivgarh, District Pratapgarh as contained in Annexure No. 1 as well as to take a decision for deletion of certain electors on Form-14 of the Village Panchayat Niyamawali, 2020.
The submission of learned counsel for the petitioner is that a number of persons who were the valid voters in Village Dandupur, Bock Shivgarh, District Pratapgarh whose names were not duly incorporated in the electoral list as well as certain persons on account of the fact that the Kayasth Patti had now been included in the town area of Raniganj, thus, such persons do not validly remain the voters of Village Panchayat Dandupur, Block Shivgarh, District Pratapgarh, hence, their names be deleted.
It is further alleged that the petitioner had made several representations which were taken note of by the Authorities concerned and though had been called upon the Block Development Officer to take appropriate action and inform, however, not much has been done. It is further submitted that since the last date for filing of the nominations is the 08.04.2021 where after the respondent no. 4 would be denuded of jurisdiction to consider and take action in light of the provisions under Clause 3 and 4 of the Uttar Pradesh Panchayat Raj (Registration of Electors) Supplementary Provisions Order, 2005 as well as latest notification issued by the State Election Commission dated 27.03.2021, hence, the need for the petition.
The learned Additional Chief Standing Counsel promptly has called for the instructions and has assisted the Court by informing that upon the representation made by the petitioner, adequate action has been taken, inasmuch as, list of 63 members who were found to be not included in the voter list, the same has been incorporated.
It is in view of the aforesaid, no further orders are required in respect of the relief claimed by the petitioner for adding names of such persons who had been left out in the electoral list relating to Village Dandupur, Block Shivgarh, District Pratapgarh, however, in so far as the submission of learned counsel for the petitioner is concerned that certain persons whose names need to be deleted, in view of the fact that Kayasth Patti has now been included in Raniganj.
Considering that the matter is pending before the respondent no. 4 in respect of the aforesaid issue and in terms of Clause 3 and 4 of the Uttar Pradesh Panchayat Raj (Registration of Electors) Supplementary Provisions Order, 2005 as well as the latest notification dated 27.03.2021, it is provided that in case if the application has not been decided, the respondent no. 4 shall take a decision on the same latest by 08.04.2021 i.e. the last date for nomination.
With the aforesaid, the petition is disposed of.
The matter has been heard through video conferencing in the virtual presence of the learned counsel and the learned Additional Chief Standing Counsel shall inform telephonically the Authorities concerned of the order passed today.
Order Date :- 7.4.2021 Asheesh