Ram Pratap Rao v. State Election Commission, U.P. Lucknow and 4 Others

Court No. - 21 Case :- WRIT - C No. - 39419 of 2023 Petitioner :- Ram Pratap Rao Respondent :- State Election Commission, U.P. Lucknow And 4 Others Counsel for Petitioner :- Suresh Singh,Indra Jit Singh,Sr. Advocate Counsel for Respondent :- C.S.C.,Ten Singh Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Donadi Ramesh,J.

¶1The following prayers have been made in the instant petition: "i. Issue a writ, order or direction in the nature of mandamus directing the Respondent No.1 to 4 to restrain Sri. Ashutosh / Respondent No.5 in contesting the Election of Membership from the Kshetra Panchayat Adrauna, on the basis of Nagar Panchayat Nirvachan Niyamawali - 2021 of Gram Panchayat Nimbua-Navrangiya R/o-H.No. 159 (Kha) Nimbua - Navrangiya, Block Ramkola, District Kushinagar, and Nagar Panachayat Nirvachan Niyamawali -2022 of R/o-H.No. 246, Village Pindari Block Ramkola, Ward No.21 District Kushinagar and Nagar Panchayat. ii. Issue a writ order or direction in nature of writ of Mandamus directing the Incharge Assistant District Election Officer, Panchsthaniya Election Office (Panchayat Evam Nagaiya Nikay), Kushinagar/Respondent No.3 to cancel the name of Sri. Ashutosh / Respondent No. 5 from the voter list of Kshetra Panchayat Adrauna Block Ramkola District Kushinagar and also cancel his membership of BDC. iii. Issue a writ, order or direction in the nature Mandamus directing the Incharge Assistant District Election Officer, Panchsthaniya Election Office (Panchayat Evam Nagariya Nikay), Kushinagar / Respondent No.3 to decide the petitioner's of representation dated 24.07.2023."

¶2We are of the considered opinion that such pre-emptive reliefs cannot be granted. As and when respondent no.5 files his nomination at any place, which under law, is not permissible, it would be open to any person including the petitioner to file objection against the same and in which event, it goes without saying that the objection would be considered as per the procedure prescribed.

¶3The petition is wholly misconceived and is, accordingly, dismissed at this stage. (Donadi Ramesh, J.) (Manoj Kumar Gupta, A.C.J.) Order Date :- 8.12.2023 Ankit. High Court of Judicature at Allahabad