HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 12999 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. 1. Heard Mr. Man Bahadur Singh, learned counsel for the petitioner, Mr. Ashish Kumar Singh, learned counsel for respondent-BSA and learned Standing Counsel for the State. 2. The writ petition has been filed with the following prayers:- "(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 02.08.2025 passed by Sub-Divisional Magistrate, Bah/Assistant Electoral Registration Officer, Panchayat va Nagariya Nikay, Bah, District Agra, in so far as the petitioner is concerned, whose name find place in the enclosed BLO list of Block Pinahat at Serial No.171, 172, 173 & 174 whereby the petitioner has been deployed for BLO duty in utter disregard of the guidelines of clause 1.5 of the direction of Election Commission. (ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 21.08.2025 passed by Sub-Divisional Magistrate, Bah/Assistant Electoral Registration Officer, Panchayat va Nagariya Nikay, Bah, District Agra, to the extent in so far as the petitioner is concerned, whose name find place in enclosed list at Serial No.171, 172, 173 & 174 is concerned, whereby the Block Education Officer, Pinahat has been directed to stop the salary of the petitioner. (iii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to not to compel the petitioner for performing duties of BLO for revision of electoral rolls, during the pendency of the present writ petition." 3. Learned counsel for the petitioner submits that the petitioner is a single teacher in Primary School Pura Chhadami, Block-Pinahat, District- Agra and he is also discharging the duties and responsibility of Incharge-Head Master of the school, apart from that he has to look after the arrangements of mid- day-meal etc. and also to discharge other administrative functions. He further submits that school's building is in dilapidated condition, therefore, Versus Counsel for Petitioner(s) : Ashish Pandey, Man Bahadur Singh Counsel for Respondent(s) : Ashish Kumar Singh, C.S.C. Haresh Kumar Agrawal .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) extra care has to be taken for making proper arrangements for proper functioning of the school. He further submits that impugned order dated 02.08.2025 posting the petitioner as Booth Level Officer has been passed without considering the aforesaid fact, which is in violation of law laid down in case of Surya Pratap Singh vs. State of U.P. and Others, passed in Writ A No.16401 of 2024, decided on 11.02.2025. Therefore, the impugned orders may be set aside. 4. Mr. Ashish Kumar Singh, learned counsel for respondent-BSA, submits that needful will be done to consider the case of the petitioner. 5. In view of the aforesaid, the writ petition is allowed. The impugned orders dated 02.08.2025 and 21.08.2025 are hereby quashed. The matter is remitted to the respondent no.3, Sub Divisional Magistrate, Tehsil Bah/Assistant Electoral Registration Officer, Panchayat va Nagariya Nikay, Bah, District- Agra, to pass appropriate order, ignoring the delay if any, strictly in accordance with law laid down in the aforesaid judgement Surya Pratap Singh (supra), by means of a reasoned and speaking order, after affording an opportunity of hearing to the petitioner, expeditiously, preferably, within a period of two weeks from today, if there is no legal impediment. September 10, 2025 Rahul. WRIA No. 12999 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad