SHYAM SUNDARI Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed by the petitioner claiming herself to be a social worker and relief sought is to decide the representation of the petitioner dated 11/3/2007 (Annex-1) for inclusion of names of the persons in the voter list of Legislative Assembly constituency Sirathu District Kaushambi so that the public interest at large be protected. Shri C.N. Tripathi, learned counsel for the petitioner has submitted that large number of persons have filed applications for inclusion of their names in electoral rolls/voter list; applications have been submitted in Form- 6 as required under the rules, but no action is being taken and large number persons are likely to be deprived of their valuable right to vote.

(2.) Therefore petition deserves to be allowed and direction be issued to the respondents to include the names of such persons in the voter list forthwith.

(3.) On the other hand Shri C.K. Rai, learned Standing Counsel and Shri P.N. Rai appearing for the respondents have opposed the petition contending that writ petition itself is not maintainable as right to vote is a statutory right and such objection can be taken by the individual persons. Petitioner cannot agitate such an issue on behalf of others. Even otherwise, it is too late to entertain a petition for issuing such directions as nominations for the election in the said constituency have already been made. Petition is liable to be dismissed. We have considered the rival submissions made by the learned counsel for the parties and perused the material available on record.