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Bindra Prasad vs State Election Commission,U.P. & ...

High Court Of Judicature at Allahabad|12 April, 2021

JUDGMENT / ORDER

Hon'ble Manish Mathur,J.
This case has been taken up through video conferencing. It is accompanied with an application for urgency. On due consideration, the application is allowed.
Notice on behalf of opposite party Nos.1, 2 and 3 has been accepted by Sri Rakesh Kumar Chaudhary, whereas learned Chief Standing Counsel appears for opposite party Nos.4 and 5.
For the order proposed to be passed in this writ petition, issuance of notice to opposite party No.6 is dispensed with.
The writ petition has been filed seeking following reliefs:-
"(I) A writ order or direction in the nature of mandamus directing the opposite party no.1 to 6 to remove the name of those voters of Ward No. 6 who are at S. No. 1417 to 1510 in the voter list of Gram Sabha Padrawa, Block - Siddhaur, Tehsil - Haidargarh, District - Barabanki, with immediate effect so that the free and fair oncoming election could be made, in the interest of justice.
(II) A writ order or direction in the nature of mandamus commanding the opposite party no.3 to setup inquiry against the opposite party no.6 who has got prepared the voter list regarding of those voters of Ward No.6 who are at S. No. 1417 to 1510 in the voter list of Gram Sabha Padrawa, Block - Siddhaur, Tehsil - Haidargarh, District - Barabanki, and take appropriate and strict action against them, in the interest of justice.
(III) Any other writ order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case, in favour of the petitioner.
(IV) Allow the cost of the writ petition in favour of the petitioner."
Learned counsel for opposite parties submit that the petitioner has not challenged the final voter list nor has impleaded the persons who are to be removed from the voter list for the Gram Sabha Padrawa, Block - Siddhaur, Tehsil - Haidargarh, District Barabanki, as such, the writ petition in the given facts and circumstances, is not maintainable.
We are of the considered view that in view of the objection raised by learned Counsel for the opposite parties, the writ petition in the given facts is not maintainable.
The writ petition is accordingly dismissed.
Order Date :- 12.4.2021 lakshman
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Title

Bindra Prasad vs State Election Commission,U.P. & ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
12 April, 2021
Judges
  • Ritu Raj Awasthi
  • Manish Mathur