Shiv Kumar vs State Of U.P.Thru.Prin.Secy. ...
2021 Latest Caselaw 4977 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 
Case :- MISC. SINGLE No. - 9828 of 2021
 
Petitioner :- Shiv Kumar
 
Respondent :- State Of U.P.Thru.Prin.Secy. Panchayat Raj & Ors.
 
Counsel for Petitioner :- Shyam Mohan Upadhyay,Ankit Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Dinesh Kumar Singh,J.

Heard learned counsel for the petitioner and learned Standing Counsel through video conferencing.

The present writ petition under Article 226 of the Constitution of India has been filed for a writ of mandamus to the respondents for deletion of 79 names of the voters from the voter list of Village Panchayat Paidi, Block & Tehsil Payagpur, District Bahraich.

The election for the said Gram Panchayat has been announced and it is scheduled to be held on 29.04.2021. Only 14 days are left when the petitioner has approached this Court for correction in the voter list.

Learned counsel for petitioner has placed reliance on the judgment of this Court in Writ Petition No. 2642 (MB) of 2021, Mukesh Kumar Vs. Election Commission of India and others, decided on 29.01.2021, wherein this Court granted liberty to the petitioner in the said case to approach the Electoral Registration Officer/ Assistant Electoral Registration Officer.

According to the petitioner he has given a representation for deletion of 79 names from the voter list of the said Gram Panchayat to the District Magistrate on 30.12.2020.

The petitioner has approached this Court late when the election is already announced and is scheduled to be held on 29.04.2021. Article 243-O of the Constitution of India bars jurisdiction of any Court in the electoral matter except as provided in the said order.

Considering the delay in approaching this Court for a writ of mandamus when the election has already announced and the last date of filing nomination is over, this Court cannot pass any order for correction of voter list, therefore, no relief can be granted in the present writ petition.

The writ petition is accordingly dismissed.

Order Date :- 15.4.2021

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