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2025 DAILYLAW 92168 (ALL)

AWADHESH RAJPUT AND 4 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIA/13315/2025 · 2025-09-08

Manju Rani Chauhan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13315 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondent nos. 1 to 3, Sri Ashish Kumar Singh, learned counsel for the respondent nos. 4 & 5, and perused the records. Learned counsel for the petitioners prays to delete the names of petitioner nos. 2, 3 & 4 and withdraw the writ petition on their behalf. As prayed, learned counsel for the petitioners is permitted to delete the names of petitioner nos. 2, 3 & 4 and the writ petition is dismissed as withdrawn on their behalf. Learned counsel for the petitioners presses the writ petition only on behalf of petitioner no.1, namely, Awadhesh Rajput. It has been preferred challenging Booth Level Officers List (Panchayat), Block Jaitpur, District Agra, issued on 19.08.2025 by respondent no. 3 - Sub-Divisional Magistrate/ Assistant Electoral Registration Officer (Panchayat), Tehsil Bah, District Agra, insofar as it relates to petitioner no. 1 whose name is shown at Sl. Nos. 52-53, whereby the petitioner has been deployed as Booth Level Officers (BLO) in Gram Panchayat Election. Learned counsel for the petitioner no. 1 submits that the petitioner no. 1, who is a single teacher in Upper Primary School, Gohra, Jaitpur Kalan, Versus Counsel for Petitioner(s) : Man Bahadur Singh Counsel for Respondent(s) : Ashish Kumar Singh, C.S.C. Awadhesh Rajput And 4 Others .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) District Agra and also functioning as Incharge, Headmaster of the Composite School (Class 1 to 8), Gohra, Jaitpur Kalan, Agra, has been deployed as a Booth Level Officer (hereinafter referred to as "BLO") in the Gram Panchayat Election, 2025. Placing reliance upon the interim order dated 10.12.2019 passed by the Co-ordinate Bench of this Court in Writ-A No.17591 of 2019 (Devendra Pal Singh and 14 others vs. State of U.P. and 5 others) as well as the order dated 25.03.2015 passed by Division Bench of this Court Public Interest Litigation (PIL) No.11028 of 2015 (Sunita Sharma Advocate High Court & another vs. State of U.P. & 3 others), learned counsel for the petitioner no. 1 submits that the State and the District Administration cannot deploy the teachers of primary schools as BLOs without there being any authority of law. On the other hand, Mr. Ashish Kumar Singh, learned counsel for the respondent nos. 4 & 5 submits that the controversy involved in the present petition has already been decided by the Co-ordinate Bench of this Court vide its judgement and order dated 11.02.2025 passed in the case of Surya Pratap Singh vs. State of U.P. and others (Writ-A No.16401 of 2024). In view of the above, the present writ petition, insofar as petitioner no. 1 is concerned, stands disposed of in terms of the directions issued in Surya Pratap Singh (supra). Needless to say that the petitioners, whose names have been withdrawn and the writ petition on their behalf has been dismissed as withdrawn, would be at liberty to file fresh writ petition. September 9, 2025 DS WRIA No. 13315 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad