SMT. HUSNA BANO Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner claiming herself to be an eligible Elector is aggrieved by the holding of the bye-election to the office of Chairman, Nagar Panchayat Kichhauchha, district Ambedkar Nagar to be held on 31.7.2016 on the ground that the said elections are being held on the basis of the Electoral List of the year 2012 that was prepared on the basis of Census of 2001, whereas the new Electoral List should be prepared on the basis of Census of 2011 and then only a valid Electoral List would exist for the purpose of holding of the election. He therefore submits that this violates Article 243-P (g) of the Constitution of India.

(2.) His further contention is that in the absence of any such list, a bye-election cannot be held and in view of the judgment in the case of Sandeep @ Sandeep Mehrotra and another v. State of U.P. and others, 2012 30 LCD 222, the entire election process is vitiated.

(3.) He then contends that the provisions of Sections 13-H and 13-I of the U.P. Municipalities Act, 1916 are being violated as this is a bye-election which cannot be held as the casual vacancy would give a term of less than one year and hence, the vacancy may be left unfilled.