Hon'ble Manish Mathur,J.
Heard Sri Ritu Daman Shahi, learned Counsel for the petitioner, Sri Rakesh Kumar Chaudhary, learned Counsel for opposite party Nos.1 and 2, learned Standing Counsel for opposite party Nos.3 to 6 and Sri Mohan Singh, learned Counsel for opposite party No.7.
In this P.I.L., the petitioner has made the following reliefs:-
"(i) to issue a writ order or direction in the nature of mandamus commanding the opposite party No.3 to forward the report submitted by the subordinate authorities to it regarding modification of polling station of Gram Panchayat Kakri, Block - Trivediganj, Tehsil - Haidergarh, District Barabanki to the opposite party No.2 for appropriate action.
(ii) to issue a writ order or direction in the nature of mandamus commanding the opposite party No.2 to consider and take decision on the report of subordinate authorities submitted regarding modification of polling station of Gram Panchayat Kakri Block - Trivediganj, Tehsil -Haidergarh, District Barabanki within stipulated time.
(iii) to issue a writ order or direction in the nature of mandamus commanding the opposite party No.1 to take decision on the modification of polling station of Gram Panchayat Kakri Block - Trivediganj, Tehsil Haidergarh, District Barabanki within stipulated time after forwarding the same by the opposite party No.2 to it.
(iv) to issue any other writ, order or direction which this Hon'ble Court may deem just and proper in the circumstances of the case; and
(v) to allow this petition with costs in favour of the petitioner.?
Learned Counsel for State Election Commission and learned Standing Counsel were directed to seek instructions vide order dated 18.2.2021 as to whether the request of the petitioner for change of Polling Station can be considered by any authority under the scheme of Panchayat Raj Elections or not.
Learned counsel appearing for State Election Commission informs that the District Magistrate concerned has been authorized to consider the question of setting up of Polling Station under certain circumstances, which have been mentioned in the letters dated 9.12.2019 and 12.1.2021 issued by the State Election Commission, U.P. to all the District Magistrates/District Election Officer (Panchayat and Local Bodies). Copies of the letters dated 9.12.2019 and 12.1.2021 are placed before the Court. The same are taken on record.
In view of above, the writ petition is finally disposed of with the observation that the petitioner may approach the District Magistrate concerned alongwith a representation within a period of three days from today. In case the said representation is filed alongwith a copy of this order, the District Magistrate concerned shall consider and take appropriate decision, keeping in view the letters dated 9.12.2019 and 12.1.2021, as referred to above, expeditiously, before issuance of notification for elections.
Order Date :- 22.2.2021 lakshman