Ajay Kumar Kori vs State Election Commission(Local ...
2021 Latest Caselaw 3691 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 

 
Case :- MISC. SINGLE No. - 7028 of 2021
 

 
Petitioner :- Ajay Kumar Kori
 
Respondent :- State Election Commission(Local Bodies),Lucknow & Ors.
 
Counsel for Petitioner :- Vidya Bhushan Pandey,Alok Kumar Vishwakarma
 
Counsel for Respondent :- C.S.C.,Rohit Tripathi
 

 
Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner. Notice on behalf of respondent No.1 has been accepted by Shri Rohit Tripathi, Advocate. Notice on behalf of respondents No.2 to 9 has been accepted by the learned Chief Standing Counsel.

The writ petition has been filed seeking following reliefs:-

"i. Issue a writ, order or direction in the nature of CERTIORARI thereby quashing the Provisional reservation list of Panchayat Election 2021, so far as it relates only to the village Panchayat Raipur, Block Bhadar, Tehsil and District Amethi contained as ANNEXURE NO.1 to this writ petition.

ii. Issue writ, order or direction in the nature of MANDAMUS thereby commanding the opp. Parties to declare the village Panchayat Raipur, Block Bhadar, Tehsil and District Amethi, as Scheduled Caste community for the post of village Pradhan for on coming Panchayat Election which is going to be held in the month of April/May, 2021.

ii. Any other order or direction which this Hon'ble court may deem fit and proper under the facts and circumstances of the case may also be passed in favour of the petitioner."

Learned counsel for the petitioner submits that the petitioner is the resident of village Panchayat Raipur, Block Bhadar, Tehsil and District Amethi. He has preferred the objections dated 06.3.2021 to the Khand Vikas Adhikari regarding that the village Panchayat Raipur, Block Bhadar, Tehsil and District Amethi was never reserved for Scheduled Caste Community, however, the opposite parties ignoring the guidelines as well as the Government Order dated 11.02.2021.

Learned Standing Counsel informs that a Division Bench of this Court vide judgment and order passed on 15th March, 2021 has decided the Writ Petition No.6929 (PIL Civil) of 2021;Ajay Kumar Vs. State of U.P. & others, issuing certain directions. The request of the petitioner may be considered keeping in mind the aforesaid judgment.

The writ petition is accordingly disposed of with the observations that the competent authority may consider the objection of the petitioner dated 06.03.2021 and take appropriate decision in accordance with law keeping in mind the judgment and order dated 15th March, 2021, passed in Writ Petition No.6929 (PIL Civil) of 2021;Ajay Kumar Vs. State of U.P. & others.

Order Date :- 16.3.2021

Rakesh/-