Vijay Bahadur Verma vs State Of U.P. Thru. Secy. ...
2015 Latest Caselaw 3660 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 
Case :- MISC. BENCH No. - 10175 of 2015
 

 
Petitioner :- Vijay Bahadur Verma
 
Respondent :- State Of U.P. Thru. Secy. Panchayat Raj Civil Sectt. & Ors.
 
Counsel for Petitioner :- Jay Prakash Singh 'Vats'
 
Counsel for Respondent :- C.S.C.,Aprajita Bansal
 

 
Hon'ble Shri Narayan Shukla,J.

Hon'ble Ashok Pal Singh,J.

The petitioner has prayed for inclusion of his name and the names of other village persons in the voter lists prepared for the year 2015 for Gram Panchayat Rasoolpur Gulraha, Block Sadwa Chandrika, Tehsil Sadar, District-Pratapgarh.

The petitioner had already represented his cause before the Electoral Registration Officer for inclusion of his name, but, when the final electoral list had been published, he could not find his name.

A similar controversy has already been dealt with and decided by a Division Bench of this court at Allahabad in Writ C No. 52509 of 2015, Prabhu Nath Mishra Versus State of U.P. & Others, in which the court has held that when there is no order either accepting an application for inclusion of the name or for rejecting the objection raised, then the applicant can only proceed under the Order of 1999, once the final electoral roll has been published under Rules 1994. 

Rule 3 of the Uttar Pradesh Panchayat Raj (Registration of Electors) Supplementary Provisions Order, 1999, provides that if, within the specified period, a person wants his name to be registered as an elector in the roll, he may apply in Form 2 to the Electoral Registration officer, who shall, after conducting an enquiry in accordance with the procedure provided in Rules 15 and 16 of the Rules shall recommend to the State Election Commission through the District Magistrate, and if the State Election Commission so orders, such person shall be registered as an elector in the roll :

Provided that no such person shall be registered after the last date for making nominations for an election in the Gram Panchayat and before the completion of that election.

We are of the view that since date of nomination of election of Gram Panchayat is yet to come, therefore, it is still open to the petitioner to approach the Electoral Registration Officer, who shall submit his recommendations to the State Election Commission through the District Magistrate for a final decision.

With the aforesaid liberty,  the writ petition is disposed of finally. 

Order Date :- 30.10.2015

AKS

(Ashok Pal Singh,J.)         (Shri  Narayan Shukla,J.)