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2025 DAILYLAW 55194 (ALL)

KAPOOR CHAND AND 16 OTHERS v. STATE ELECTION COMMISSIONER UP LUCKNOW AND 4 OTHERS

WRIC/14930/2025 · 2025-05-12

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

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Judgment text

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Neutral Citation No. - 2025:AHC:77818-DB Court No. - 39 Case :- WRIT - C No. - 14930 of 2025 Petitioner :- Kapoor Chand And 16 Others Respondent :- State Election Commissioner Up Lucknow And 4 Others Counsel for Petitioner :- Santosh Kumar Shukla Counsel for Respondent :- C.S.C.,Tarun Agrawal Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. P.C.Srivastava, learned advocate holding the brief appears on behalf of petitioners and submits, his clients' names have been entered in the electoral rolls of two villages. By reason thereof his clients have not been allowed to vote. Hence their prayer. Prayer (i) is reproduced below. "to issue a suitable writ, order or direction in the nature of mandamus commanding the Respondents for deleting the names of the petitioners from the voter list of Village Panchayat Banjari which has been illegally inducted by the authorities for the reasons best known to them." He seeks interference. 2. Mr. Tarun Agrawal, learned advocate appears on behalf of respondent no.1( State Election Commissioner). He submits, there are, inter alia, rules 10 and 12 in U.P.Panchayat Raj (Registration of Electors) Rules, 1994 providing for the situation. Mr. Ambrish Shukla, learned advocate, Additional Chief Standing Counsel appears on behalf of State. 3. On query Mr. Agarwal submits, the proper officer is Assistant Electoral Registration Officer, who is ex-officio the Sub-Divisional Magistrate. As such, Sub-Divisional Magistrate, Sant Ravidas Nagar, Bhadohi is added as party respondent no.6. 4. Petitioners have leave to cause the amendment in Court, to be countersigned by Court Master. They have further leave to approach added respondent with certified copy of this order and seek the deletion. On approach, added respondent will do the needful in accordance with the rules. 5. The writ petition is disposed of. Order Date :- 13.5.2025 Abhishek Sri. (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad