Braj Bhushan Pathak & Anr. vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 4942 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- MISC. SINGLE No. - 9769 of 2021
 

 
Petitioner :- Braj Bhushan Pathak & Anr.
 
Respondent :- State Of U.P. Thru. Prin. Secy. Panchayat Raj,Lko.& Ors.
 
Counsel for Petitioner :- Dinesh Kumar Shukla
 
Counsel for Respondent :- C.S.C.,Rohit Tripathi
 

 
Hon'ble Dinesh Kumar Singh,J.

Heard Sri Dinesh Kumar Shukla, learned counsel for the petitioners, learned Addl. C.S.C. for the State as well as Sri Rohit Tripathi, learned counsel for private respondents through video conferencing.

The present writ petition has been filed for correcting the voter list of Village Panchayat Nauvasta, Block Wazeerganj, Tehsil Tarabganj, District Gonda.

Learned counsel for State Election Commission as well as learned Standing Counsel have submitted that this writ petition is not maintainable after notification for conducting the election is issued and the last date i.e. 7-8 April, 2021 of filing nomination for Panchayat Election in District Gonda is already over. They have further relied on the judgment of this Court passed in Writ-C No. 11150 of 2021 (Paramatma Nayak and others Vs. State of U.P. and others) in which it has been held that in view of provisions of Article 243-O of the Constitution, no court is competent to take cognizance of any dispute in respect of voter list after the last date for filing nomination is over or after the notification for conducting election is issued.

In view of aforesaid, this writ petition is not maintainable and, therefore, the same is dismissed as not maintainable.

Order Date :- 12.4.2021

Mohit