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Om Prakash Mishra vs Commissioner State Election ...

High Court Of Judicature at Allahabad|13 April, 2021

JUDGMENT / ORDER

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 petitioner and learned Standing Counsel appearing on behalf of opposite parties no.2, 3 and 4.
In view of the order being passed, notices to opposite parties 1 and 5 stand dispensed with.
The writ petition has been filed seeking following reliefs:
"(i) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties, to forthwith consider the claims/objections filed by the petitioner and other villagers along with electoral roll of gram Panchayat Trikoliya, Block- Payagpur, Tehsil Payagpur, District Bahriach may kindly be directed to create another polling booth at Primary School majra Babhan Parsauli, after rectification of anomalies as narrated in the petition within the time stipulated by this Hon'ble Court.
(ii) Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.
(iii) Allow the cost of the writ petition in favour of the petitioner."
Learned Standing Counsel appearing on behalf of opposite parties informs that notification for holding panchayat election has been issued vide notification dated 26.3.2021. It is submitted that in view of constitutional bar under Article 243(O), the writ petition, at this stage, is not maintainable.
This Court is in agreement with the objection raised by learned Standing Counsel regarding maintainability of the writ petition.
Accordingly, the writ petition is dismissed.
Order Date :- 13.4.2021 prabhat
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Title

Om Prakash Mishra vs Commissioner State Election ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
13 April, 2021
Judges
  • Manish Mathur