SANGRAM SINGH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Shri B.N.SIngh appears on behalf of respondent No. 2 & 3. Learned Standing Counsel has appeared for respondents No. 1, & 4. Issue notice to respondents No. 5, 6 & 7. Respondents are allowed three weeks time to file a counter affidavit. List thereafter.

(2.) By this writ petition , the petitioner has challenged the order dated 29.3.2007 and 6.4.2007 passed by State Government. The petitioner's case in the writ petition is that respondent No. 7 has been posted as Junior Engineer in Zila Panchayat, Ballia for last 24 years and District Balia is also his Home Town. For Assembly Election of 2007 , the Election Commission of India has issued order dated 16.12.2006 annexure 8 to the writ petition issuing instruction that no officer connected with elections directly or indirectly should be allowed to continue in the present district of posting.

(3.) In pursuance of above order of Election Commission an order dated 12.3.2007 was passed transferring the petitioner to Zila Panchayat Rai Bareilly. The respondent No.7 was also relieved but subsequently on 29.3.2007, the State Government passed an order staying the order on the ground that the respondent No. 7 not being a returning officer in the election is not covered by the instructions of the Election Commission of India dated 16.12.2006. However, looking to the fact that respondent No. 7 is posted in District Ballia for last 24 years it was stated that permission is being sought from the Commission for transfer of the respondent No. 7. Subsequently a report was submitted by the State Government dated 29.3.2007 seeking the permission of the Commission for relieving of respondent No. 7 from Zila Panchayat , Ballia and his joining of Zila Panchayat Rai Barreily rrily . An order was passed on 4.4.2007 asking the State Government to reverse the order and the status-quo ante as was prior to 21.2.2007. A supplementary affidavit has been filed in which an order passed by Returning Officer has been brought on the record in which respondent No. 7 has been shown as Presiding Officer in one of the Polling Booths.