RAMESH KUMAR MISHRA Vs. STATE OF UP

JUDGEMENT

(1.) In these two writ petitions, the Petitioners have prayed for a writ, order or direction in the nature of mandamus directing the Respondents to correct the impugned electoral roll for Panchayat Election 2010, Amilo by deleting the names of 142 illegal voters from electoral roll published on 20.2.2010 and further for a writ in the nature of mandamus directing the Respondents to fix the polling centre/polling booths at 163 Junior High School, Amilo for Panchayat Election 2010 thereby cancelling the polling centre/polling booth at Primary School, Amilo, which is adjacent to the house of Respondent No. 9 Vijay Kumar Mishra.

(2.) We have heard Sri V.S. Singh, Sri M.D. Singh Shekhar senior advocate, Sri S.C. Tiwari learned Counsel for the Petitioner, Sri Sashi Nandan, learned senior counsel along with Sri R.K. Shukla, V.P. Shukla appearing for private Respondent No. 9 and learned Counsel Sri Rangnath Pandey, Sri Satyendra Kumar Singh and learned standing counsel for State Respondents.

(3.) On behalf of the Petitioner it is submitted that for the purpose of Panchayat Election 2010, a news was published on 20.12.2009 for filing the objections against the publication of electoral roll in draft under Rule 8 of U.P. Panchayat Raj (Registration of Electors) Rules, 1994. The objections had to be filed from 28.12.2009 to 3.1.2010. Within that period, objections against 117 wrongly recorded voters in the electoral roll of Village Panchayat, Amilo were filed on prescribed proforma by the Petitioner but due to undue political pressure made by Respondent No. 9, no enquiry was made in this regard and the electoral roll was published on 20.2.2010 without considering and deciding the objections raised by the Petitioner and other persons of the village concerned which is wholly illegal and arbitrary.