Avinash Chandra Shukla vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 9949 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 2489 of 2023
 

 
Petitioner :- Avinash Chandra Shukla
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Urban Development, Lko. And 2 Others
 
Counsel for Petitioner :- Bhanu Pratap Mishra
 
Counsel for Respondent :- C.S.C.,Aakash Singh
 

 
Hon'ble Rajan Roy,J.

Hon'ble Manish Kumar,J.

Heard.

On 03.04.2023, we had passed the following order:-

"We understand that the process of revision of electoral list for the impending Municipal Elections is going on however it is an every day complaint that an elector, who wants to file any application seeking inclusion or any objection seeking exclusion of the name of any person from the electoral college, generally is not issued any receipt of such application or objection by the Official concerned entrusted with revision of the electoral roll.

List this case day after tomorrow i.e. on 05.04.2023 as fresh to enable the learned counsel representing the State Election Commission to seek instructions in the matter and to apprise the Court as to what steps have been taken by the Election Commission to ensure that such applications/objections are not only received in the office of the Officer concerned but the person making such an application/objection is given a due receipt thereof."

Today, Sri Aakash Singh, learned counsel appearing for Election Commission says that receipt of any application for inclusion or deletion of name in the electoral list is given by the concerned officials before whom the form is submitted in requisite format. In view of the statement, we direct the Election Commission to ensure that such receipts are always provided to the applicant and any omission or misdemeanor on this count will be taken seriously in future.

As regards petitioner's counsel grievance that his objections regarding inclusion of certain names in the electoral list, he says that Annexure no.1 was submitted on 16.03.2023 but no receiving was provided by the concerned clerk in the office of the District Election Officer, Balrampur, therefore, objection was sent by post on 17.03.2023.

On the other hand, the Election Commission's counsel informs us that the objections were sent by post on 17.03.2023 as is evident from page no.12 and they were received on 18.03.2023 but the last date for submission of applications being 17.03.2023 and also as the objections were not in the required format, the same were not considered.

These are all disputed questions of fact which we cannot enter into at this stage but we reiterate our observation and direction hereinabove that henceforth if it is found that any such objection/ application is filed and the concerned clerk or officer does not provide the receipt then we will take serious action. The State Election Commissioner is ordered to take cognizance of this judgment and circulate it to the concerned officials at the appropriate stage for strict compliance.

With these observations/ direction, the writ petition is disposed of.

(Manish Kumar,J.) (Rajan Roy,J.)

Order Date :- 5.4.2023

Shanu/-