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2025 DAILYLAW 104602 (ALL)

DR. PRABAL KUMAR SAXENA v. STATE OF UTTAR PRADESH AND 3 OTHERS

WPIL/3180/2025 · 2025-10-12

Arun Bhansali, Kshitij Shailendra

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3180 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This petition, purportedly in public interest, has been filed by the petitioner seeking to question the validity of notification dated 15.09.2025 issued by the State Election Commission for holding election to the vacant post of Chairman of Nagar Palika Parishad, Lalitpur. 2. Submissions have been made that the last elections were held in 2023, however, on account of death of the incumbent Chairman on 24.06.2025, the bye-elections have been notified on 15.09.2025 without revision of the electoral rolls. 3. Submissions have been made that large number of electors have attained eligibility for being included in the electoral rolls and there are several names of dead electors who are there in the electoral rolls, therefore, without revision of the electoral rolls, holding of the election is not justified. 4. Counsel for the respondents submitted that once the notification dated 15.09.2025 has been issued notifying the elections and polling is to take place on 15.10.2025, the petition filed by the petitioner cannot be entertained as the same would be barred under Article 243ZG of the Constitution of India and, therefore, the petition deserves to be dismissed. 5. We have considered the submissions made and have perused the material available on record. Versus Counsel for Petitioner(s) : Chandrachud Pandey, Rajeev Giri, Toshiva Singh Counsel for Respondent(s) : Ankit Gaur, S.C., Tarun Agarwal Dr. Prabal Kumar Saxena .....Petitioner(s) State of Uttar Pradesh and 3 others .....Respondent(s) 6. The notification for holding election for the vacant post has been notified on 15.09.2025 and the present petition has been presented on 04.10.2025 by the petitioner, the polling is scheduled to take place on 15.10.2025. The petitioner was well aware of the fact that on account of death of Chairman on 24.06.2025, the election to the vacant post would be held within a period of three months and it was required of the petitioner to have taken steps at the relevant time, however, questioning the validity of the notification is indeed barred under the provisions of Article 243ZG of the Constitution of India. 7. No case for interference in the petition is made out, the same is, therefore, dismissed. October 13, 2025 Sandeep/Sazia WPIL No. 3180 of 2025 2 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- SANDEEP KUMAR High Court of Judicature at Allahabad