Hon'ble Manish Mathur,J.
The case has been taken up through Video Conferencing. It is accompanied with an application for urgency which is allowed.
Heard learned counsel for petitioners as well as Mr. H.P. Srivastava, learned Additional Chief Standing Counsel for the State and Mr. Anurag Kumar Singh, learned counsel for State Election Commission.
The writ petition has been filed seeking following reliefs:
"i) Issue writ order or direction in the nature of mandamus commanding to opposite party No. 3 and 4 that they consider the case of petitioners and forthwith include the name of petitioners in the electoral list of Gram Panchayat, Punerbhu Grunt, Block Bankey Ganj, District Lakhimpur Kheri, in the interest of justice.
ii) Issue writ order or direction in the nature of mandamus commanding to opposite party No. 4 that he consider the case of petitioners and forthwith issue the caste certificate to the petitioner No. 2, in the interest of justice.
iii) Issue writ order or direction in the nature of mandamus commanding to concerned opposite parties that they consider the case of petitioners and ensure the nomination of petitioner No. 2 against the post of Gram Pradhan of Gram Panchayat, Punerbhu Grunt, Block Bankey Ganj, District Lakhimpur Kheri on the scheduled date of nomination i.e. 07-08.04.2021 either provisionally or finally, in the interest of justice."
Learned counsel for petitioners submits that the names of petitioners have not been included in the electoral roll of Gram Panchayat, Punerbhu Grunt, Block Bankey Ganj, District Lakhimpur Kheri and have been denied caste certificate due to which the petitioner no. 2 has not been able to file nomination for the post of Gram Pradhan of the said Gram Panchayat. It is submitted that Booth Level Officer vide order dated 9.3.2021 has recommended the case of the petitioners for inclusion in the electoral list of the said Panchayat. The said order is on the application of petitioners, copy of which is annexed as Annexure No. 6 to the writ petition.
Mr. Anurag Kumar Singh, learned counsel for State Election Commission submits that in the supplementary arrangement made by the State Election Commission it is provided that a person whose name does not find place in the final voter list can make an application before issuance of the notification for Panchayat elections and his application would be considered before the last date of nomination.
In this view of the matter, the writ petition is finally disposed of with the observation that in case the names of petitioners have been duly recommended for inclusion in the voter list of the Gram Panchayat in question, the competent authority, may be, District Magistrate, Lakhimpur Kheri or Sub Divisional Officer, Gola, Lakhimpur Kheri who are ex-officio District Election Officer, Panchayat and Assistant Election Officer, Panchayat shall consider the grievance of the petitioners and do the needful in accordance with law, expeditiously taking into consideration the relevant fact that the last date for nomination for Panchayat elections is today i.e., 8.4.2021.
Learned counsel for opposite parties such as Mr. Anurag Kumar Singh, learned counsel for State Election Commission and Mr. H.P. Srivastava, learned Additional Chief Standing Counsel shall communicate the order passed in the Court to the authorities.
[Manish Mathur, J.] [Ritu Raj Awasthi, J.] Order Date :- 8.4.2021 Santosh/-