The case is taken up through video conferencing. It is accompanied with an application for urgency which on consideration is allowed.
Heard learned counsel for petitioners, learned Additional Chief Standing Counsel appearing on behalf of Opposite Parties no.1, 3, 4 and 5 and Mr. Anurag Kumar Singh, learned counsel for opposite party no.2.
The writ petition has been filed seeking following relief:
"(i) Issue a writ order or direction in the nature of Certiorari for quashing of the supplementary voter list which was uploaded on 05-04-2021 after nomination papers, in respect of village panchayat Chandabaija, block Behndar, Tehsil Sandila, District Hardoi by which the name of the petitioners have been deleted from the voter list mentioning at serial no sl. No. 2400, 2274, 2280, 2273, 2275, 2412, 2415, 2411, 2413, 2416, 2340, 2406, 2398, 2404, 2339, 2026, 2027 and other villagers.
(ii) Issue a writ order or direction in the nature of mandamus thereby commanding the opposite parties to allow the petitioners for cost their votes as their names were mentioned in the final voter list published in the month of March 2021.
(iii) Issue a writ order or direction in the nature of mandamus thereby commanding the opposite parties not to permit the persons for casting their votes whose name mentioned in voter list at serial no. 2423, 2423, 2372, 2373, 2374, 2375, 2376, 2377, 2435, 2436, 2441, 2449, 2450, 2451, 2452, 428, 429, 436 and 337 because they are resident of other village panchayat and their names also shown in the voter list of other village panchayat.
(iv) Issue a writ order or direction in the nature of mandamus thereby commanding the higher authorities to conduct a enquiry and take strict actions against the guilty persons who have deleted the names of the petitioners after nomination papers filed.
(v) Issue a writ order or direction in the nature of mandamus thereby commanding the opposite parties to correct/rectify of electoral list in respect of village panchayat Chandabaija, block Behndar, District Hardoi and not to conduct the elections of the said village until unless the electoral list has not been corrected/rectified.
(vi) Issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper under the circumstances of the case in the interest of justice.
(vii) Allow the writ petition with costs."
Learned counsel appearing on behalf of opposite party no.2 submits that in terms of Clause IV of the Uttar Pradesh Panchayat Raj (Registration of Electors) Supplementary Provisions Order 2005, a supplementary voter lists can be issued even after finalization of the voter list right uptill the date of nomination. In the present case, the supplementary list has been issued on 05.04.2021which was three days' prior to the last date of nomination i.e. on 08.04.2021. Even otherwise, it is submitted that the petitioners have an alternative and equally efficacious remedy of filing an appeal under Rule 21A of the Uttar Pradesh Panchayat Raj (Registration of Electors) Rules 1994.
In view of aforesaid, the writ petition is disposed of granting liberty to petitioners to file an appeal in terms of Rule 21A of the Uttar Pradesh Panchayat Raj (Registration of Electors) Rules 1994.
(Manish Mathur,J.) Order Date :- 13.4.2021 Subodh/-