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, learned Additional Chief Standing Counsel appearing on behalf of opposite parties no.1 to 5 as well as Mr. Akash Singh, learned counsel appearing for opposite party no.6 and perused the record.
The writ petition has been filed seeking following reliefs:
"(i) issue a writ order or direction in the nature of certiorari quashing the decision of the District Magistrate/ Returning Officer, Balrampur declaring the seat of Gram Pradhan of Gram Panchayat Magaipur, Development Block Gaindas Bujurg, Tehsil Utraula, District Balrampur as reserved for Scheduled Caste Category candidate, after summoning the original from the opposite party no. 2.
(ii) Issue a writ order or direction in the nature of mandamus commanding the opposite parties to declare the seat of Gram Pradhan of Gram Panchayat Magaipur, Development Block Gaindas Bujurg, Tehsil Utraula, District Balrampur as unreserved for the Gram Panchayat Election 2021, in order to meet the ends of justice.
(iii) issue such other order or direction which this Hon'ble Court may deem just fit and proper under the circumstances of the case.
(iv) award the costs of the writ petition in favour of the petitioner."
Learned counsel appearing on behalf of opposite parties have raised a preliminary objection regarding maintainability of the writ petition in view of the fact that the petitioner has not challenged the voter list which has been finalized after deciding objections filed by interested persons. It has further been submitted that even otherwise elections to the constituency in question has already been notified vide order dated 26.03.2021 and therefore, the petition is not maintainable in terms of Article 243(O) of the Constitution of India. Even otherwise, the petitioner has not arrayed the persons whose names he wants to be deleted.
Considering the aforesaid submissions, which are found to be correct, the writ petition is not maintainable in its present form is thus dismissed.
(Manish Mathur,J.) Order Date :- 13.4.2021 Subodh/-