BACHHARAJ v. STATE ELECTION COMMISSIONER STATE ELECTION COMMISSION LKO. AND 2 OTHERS
WRIC/11880/2025 · 2025-12-10
Amitabh Kumar Rai, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 196109 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 196109 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11880 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J. Heard learned counsel for the parties and perused the record. This writ petition has been filed with the following prayers :-
"(i) issue a writ, order or direction in the nature of mandamus commanding/ directing the opposite parties to ensure to establish/ transfer the polling station to Primary School Duvidhapur from Primary School Chetrahiya for Panchayat election 2026. (ii) issue a writ, order or direction in the nature of mandamus commanding and directing the Opposite parties to decide the representation dated 12.11.2025 submitted by the petitioner and other villagers which is annexed as Annexure No.5 to this writ petition." We have heard learned counsel for the petitioner and Shri Atul Kumar Dubey, learned counsel who appears on behalf of respondent no.1 – State Election Commission. It is the case of the petitioner that a representation has already been made before the opposite party no.1, the State Election Commissioner that the polling station should be shifted from primary school Chetrahiya to Primary school Duvidhapur. Primary School Duvidhapur has already been used as a polling station in Lok Sabha Election, 2024 and in Vidhan Sabha Election, 2022 and it has sufficient infrastructure. The counsel appearing for the State Election Commission on the basis of instructions says that the representation of the petitioner shall be considered in accordance with law for declaration of polling station. He has pointed out an order dated 11.06.2025 passed by the Assistant District Election Officer (Panchayat Evam Nagariya Nikaya) Bahraich which is in the form of a letter addressed to Smt. Keshri Devi Gram Pradhan, Gram Panchayat Duvidhapur as well as the petitioner Bachchraj saying that complaint in respect of the grievance was received earlier also and a clarification has been issued on 04.4.2025 and inspection shall be carried out by the SDM before any declaration is made with regard to the polling station. This writ petition is disposed of with a direction to the District Election Officer/ Versus Counsel for Petitioner(s) : Simi Jha, Ishika Srivastava, Poonam Goswami, Rajesh Kumar Singh Counsel for Respondent(s) : Atul Kumar Dubey Bachharaj .....Petitioner(s) State Election Commissioner State Election Commission Lko.
And 2 Others .....Respondent(s)
District Magistrate, Bahraich to look into the grievance of the petitioner and pass an appropriate order within a period of three weeks from the date a certified copy of this order is produced before him. December 10, 2025 mks WRIC No. 11880 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench