The present writ petition has been filed under Article 226 of the Constitution of India by the petitioner being aggrieved by the non inclusion of the petitioner's name in the voter list of the village Panchayat Osiyan, Police Station Bighapur, District Unnao.
Learned counsel for the petitioner submits that he has made a representation in February 2021 for inclusion of his name in the voter list and submitted all the requisite papers and B.L.O. gave a report in his favour. He also submitted that the competent authority remained sitting over the application of the petitioner and suddenly on 13.04.2021 a final voter list of the said village panchayat was published in which the petitioner's name was not there.
Learned counsel for the petitioner has submitted that petitioner has filed nomination paper for Member of village panchayat, but his name being not shown in the voter list, his nomination is likely to be rejected. He therefore, submits that the situation has been created by the respondents in which the petitioner cannot avail the statutory remedy before finalization of the election against the non inclusion of the name of the petitioner in the electoral list. The last date for filing of the nomination is 16.04.2021 and, the election for the Gram Panchayat is scheduled to be held on 26.04.2021.
This Court in the case of Writ (C) No. 11150 of 2021 has considered the provision of Article 243-O of the Constitution of India which assumes that once the last date of nomination is over the Court cannot interfere in the election process except in an election petition.
In view of the bar created under Article 243-O of the Constitution of India, this petition is not maintainable. However, it is open for the petitioner to take recourse to the appropriate remedies and if his nomination is rejected. He has a remedy of filing election petition as provided in the Act and Rules.
Mr. O.P. Tiwari, learned counsel for the petitioner however submits that he will file an appeal under Rule 22-A of Uttar Pradesh Panchayat Raj (Registration of Electors) Rules, 1994.
If such an appeal is filed, the appellate authority shall decide the appeal in accordance with law, expeditiously, preferably within a period of one week.
With the aforesaid observations/direction the writ petition stands disposed of finally.
Order Date :- 16.4.2021 A.K. Singh