Heard learned counsel for the petitioner. Notice on behalf of the respondents No.1 to 5 has been accepted by the learned standing counsel and Shri Rohit Tripathi, Advocate has accepted notice on behalf of the respondent No.6.
Learned counsel for the petitioner had made a mention before the Court on 06.04.2021 that he had filed a fresh petition which related to the correction in the name of the voter list of Gram Panchayat Naraura Arjun, Vikas Khand-Padri Kripal, District Gonda and since the last date of filing of the nomination was expiring on 08.04.2021 and the election is just round the cover, accordingly, the matter being urgent may be taken up.
The Court had granted permission and it is in view of the aforesaid that the matter has been placed before this Court today.
The submission of the learned counsel for the petitioner is that the petitioner has made a representation in the prescribed format in terms of the U.P. Panchayat Raj (Registration of Electors) Rules, 1994 for inclusion of the name of the petitioner in the roll of territorial constituency. It was specifically stated that the name of the petitioner has wrongly been mentioned in the voter list of Gram Panchayat Naraura Arjun, Vikas Khand-Padri, Kripal, District Gonda whereas the name of the petitioner should be included in the Gram Panchayat Chilbila Khattipur, Vikas Khand-Padri Kripal, District Gonda.
It has further been submitted that the aforesaid application was moved upon which a report had also been called for, however, despite the same, no further action has been taken and now that the notification has been issued and the last date for filing of the nomination is 08.04.2021 whereafter the respondent No.4 in terms of the Rules of 9 and 10 of the U.P. Panchayat Raj (Registration of Electors) Rules, 1994 and relevant notification would be denuded of power of correct the name which will adversely affect the rights of the petitioner, hence, the petition has been filed.
Shri Rohit Tripathi, learned counsel for the Election Commission submits that as per the Clause 3 and 4 of the U.P. Panchayat Raj (Registration of Electors) Supplementary Provision Order, 2005, there is a provision which permits the Electoral Registration Officer / Assistant Electoral Officer to correct the names which also includes the deletion of the names as well as inclusion in the electoral voter list upto the last date of the nomination.
Learned counsel for the petitioner has also pointed out that a similar notification [email protected]&[email protected]@2019&Vol&[email protected] [email protected] dated 27.03.2021 has been issued by the Election Commission addressed to all the District Magistrates/District Election Officers. It is provided that where-ever the Electoral Officer receives any application or on his own motion may make an inquiry and if it is found that any name requires any correction or deletion or the name of any person is to be incorporated in any list then the same can be done provided no such correction shall be done after the last date fixed for filing of nomination.
Learned Additional Chief Standing Counsel submits that in case if the petitioner has moved an application in the prescribed format in terms of Rules 9 and 10 of the U.P. Panchayat Raj (Registration of Electors) Rules, 1994 as well as in light of the latest notification dated 27.03.2021, the matter can be taken note of by the appropriate authorities.
Considering the rival submissions as well as the material on record, this Court is of the opinion that no gainful purpose would be served in keeping the aforesaid petition pending and the same can be disposed of with a direction to the respondent No.5 to ascertain and in case if the application of the petitioner is found to be in order in accordance with the Rules of U.P. Panchayat Raj (Registration of Electors) Rules, 1994 then in furtherance of the said Rules as well as the Notification dated 27.03.2021, it shall positively consider and decide the application of the petitioner latest by tomorrow i.e. 08.04.2021.
It has also been informed by the learned counsel for the petitioner that the petitioner is intending to contest the election and until and unless the aforesaid decision is taken, she would be prevented from filing her nomination.
In view of the aforesaid, since in terms of the Rules, the respondent No.4 is to take a decision by tomorrow i.e. 08.04.2021, accordingly, the petitioner is permitted to file her nomination, which shall be subject to the order passed by the respondent No.4 on the application filed by the petitioner.
This order has been passed through video conferencing in virtual presence of the learned counsel for the respective parties.
The learned Additional Chief Standing Counsel is also directed to inform the authorities concerned on telephone about the order passed today.
With the aforesaid, the petition is disposed of.
Order Date :- 07.04.2021 Rakesh/-