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2025 DAILYLAW 8230 (UTT)

DEEPAK GIRI v. ELECTORAL REGISTRATION OFFICER

WPMS/1850/2025 · 2025-06-30

Ravindra Maithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 26 WPMS No. 1850 of 2025 Hon’ble Ravindra Maithani, J. Mr. S.K. Chaudhary, Advocate for the petitioner. Mr. C.S.Rawat, Chief Standing Counsel for the State. The challenge in this petition is made to the order dated 09.01.2025 passed by the respondent no.3, Block Development Officer, by which, on a complaint of the petitioner inquiry was made with regard to the inclusion of the names of the respondent nos. 5 and 6 in the voter list of village Matkota and objections were rejected. At the very outset, learned counsel for the petitioner would submit that the issue is covered by the Uttar Pradesh Panchayat Raj (Registration of Electoral) Rules 1994 (“the 1994 Rules”) and objections in such matter may only be decided by the Assistant Electoral Registration Officer under Rule 16 of the 1994 Rules. It is submitted that in the instant matter, the inquiry has been conducted by the Block Development Officer, who is not the officer competent. At the time of hearing, learned Chief Standing Counsel admits the proposition. He submits that the matter may be remitted back to the Assistant Electoral Registration Officer, Rudrapur, District Udham Singh Nagar, who shall examine the complaint of the petitioner in accordance with law and will take decision thereon within a period of one week from today. The Court takes on record the statement given by learned Chief Standing Counsel. The impugned order is set aside. The Assistant Electoral Registration Officer is directed to consider the complaint dated 07.01.2025 of the petitioner which is Annexure 3 to the petition in accordance with the Rules, and take a decision thereon within a period of seven days from today. The writ petition stands disposed of accordingly. (Ravindra Maithani, J.) 30.06.2025 Jitendra