SURYA NATH YADAV AND ANOTHER Vs. STATE OF U.P.THROUGH PRINCIPAL SECRETARY PANCHAYAT RAJ, U.P., LUCKNOW AND OTHERS

JUDGEMENT

(1.) COUNTER affidavit and rejoinder affidavit have been exchanged between the parties in the present case. The Writ Petition is being disposed of at this stage with the consent of the learned counsel for the parties. The present Writ Petition has been filed by the petitioners under Article 226 of the Constitution of India, inter-alia, praying for quashing the order dated 21.9.2010 (Annexure 9 to the Writ Petition) passed by the Assistant Electoral Registration Officer/Up Zila Adhikari, Bairiya, District Ballia.

(2.) IT is, inter-alia, averred in the Writ Petition that the petitioners were ordinary residents of Village Dalpatpur, Post Office Jamalpur, Block Bairiya, District Ballia; and that the names of the petitioners were included in the electoral roll of Gram Panchayat Dalpatpur, Block Bairiya, District Ballia; and that the names of the petitioners were deleted from the electoral roll of Gram Panchayat Dalpatpur and were included in the electoral roll of Gram Panchayat Chakia and Gram Panchayat Daya Chhapara; and that the petitioners filed objections before the District Electoral Officer/District Magistrate Ballia; and that when nothing was done in the matter, the Petitioner No. 1 (Surya Nath Yadav) approached this Court by filing a Writ Petition being Civil Misc. Writ Petition No. 11248 of 2010; and that the said Civil Misc. Writ Petition No. 11248 of 2010 was dismissed by this Court by the order dated 09.03.2010 with the observation that "the petitioner may seek his remedy in accordance with the 1994 Rules" [i.e., the U.P. Panchayat Raj (Registration of Electors) Rules, 1994 framed under the U.P. Panchayat Raj Act, 1947]; and that the petitioners filed a representation dated 19.4.2010 before the District Registration Officer/District Magistrate, Ballia along with certified copy of the said order dated 9.3.2010 passed by this Court; and that the District Electoral Registration Officer/District Magistrate, Ballia directed the Assistant Electoral Registration Officer/Up Zila Adhikari Bairiya, District Ballia to consider the objections of the petitioners; and that there- upon the Assistant Electoral Officer/Up Zila Adhikari, Bairiya, District Ballia sent an order/communication dated 21.7.2010 (Annexure 5 to the Writ Petition) intimating that the names of the petitioners were included in the amended electoral list of Gram Panchayat Dalpatpur; and that after final publication of the voter list of Gram Panchayat Dalpatpur, one Ramji Yadav (respondent no. 6 herein) filed objections on 09.09.2010 praying for deleting the names of the petitioners along with 165 other persons from the electoral roll of Gram Panchayat Dalpatpur; and that thereafter the Assistant Electoral Registration Officer/Up Zila Adhikari, Bairiya, District Ballia issued the impugned order/communication dated 21.9.2010 (Annexure 9 to the Writ Petition), inter-alia, directing for deletion of the names of the petitioners from the electoral roll of Gram Panchayat Dalpatpur.

(3.) THE petitioners have filed their rejoinder affidavit reiterating the averments made in the Writ Petition. It will thus be noticed that various disputed questions of fact are involved in the present Writ Petition.