LAWS(ALL)-2014-9-35

GULAB SINGH Vs. STATE OF U.P.

Decided On September 10, 2014
GULAB SINGH Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri H.R. Mishra, learned Senior Counsel for the petitioner and Sri K.B. Srivastava for the respondent no. 4 and Sri N.K. Giri and Sri Prem Prakash Yadav for the Election Commission. The learned Standing Counsel has been heard for the respondent no. 1.

(2.) Through this petition the petitioner has urged that a certiorari should be issued for quashing the publication made on 24.8.2014 Annexure 9 to the writ petition whereby the determination of the constituencies has been finalized after disposing of the objections. The grievance of the petitioner is that the objections have been disposed of by a cryptic order dated 22.8.2014 which demonstrates that no reasons have been recorded and it has been simply stated that since there was no substance therefore they are being rejected.

(3.) Sri Mishra has invited the attention of the Court to the objections raised on 16th August, 2014, copy whereof has been filed as Annexure 6 to the writ petition to urge that the rotation of reservation has been deliberately altered by changing the name of the constituencies and by altering their status in the alphabetical list. He therefore submits that this deliberate act is contrary to the earlier circular of the Registrar dated 8th June, 2012 and consequently this being in violation of the said circular the action of the respondent is contrary to rules. He therefore submits that the order as well as the publication finalizing the determination of the constituency deserves to be quashed.