OM PRAKASH Vs. STATE OF UP

JUDGEMENT

(1.) This bunch of writ petitions impugns four set of grievances, namely (i) illegal addition or deletion of the names of voters in electoral rolls, (ii) shifting or non-shifting of polling booths, (iii) rejection/acceptance of nomination papers and (iv) non-issuance/ cancellation of caste certificates required for filing nomination papers in respect of reserved constituencies'. Thus these writ petitions in bunch are being disposed of by this common order.

(2.) As regards the first set of grievance relating to addition or deletion of the names in voters' lists, learned Counsel for Petitioners, Sri C. B. Pandey, referred to the judgment of 5 Judges Bench in the case of Indrajit Barua and Ors. v. Election Commission of India and Ors., 1986 AIR(SC) 103. Para 12 of the aforesaid judgment which appears to have a direct bearing on this issue reads as:

(3.) From the aforesaid discussions and conclusions, it is obvious that a defective electoral roll would not be a ground for challenging the election by way of an election petition. Sri C. B. Pandey also referred to section 12-C of the U.P. Panchayat Raj Act, 1947 which contains specific grounds for challenging the Panchayat elections. The section reads like: