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2025 DAILYLAW 92368 (ALL)

BHARAT BHUSHAN v. STATE OF U.P. AND 9 OTHERS

WRIA/13325/2025 · 2025-09-08

Manju Rani Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13325 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioner, Mr. Tarun Agrawal, learned counsel for respondent no.3, Mr. Shivendra Kumar Singh, learned counsel for respondent no.7, Mr. Ashutosh Mishra, learned counsel for respondent nos.9 & 10 as well as Mr. Hare Ram, learned Standing Counsel for the State-respondent nos.1, 2, 4, 5, 6 & 8 and perused the records. The instant petition has been filed with the following prayers :- "a) Issue a writ, order or direction in the nature of Certiorari quashing the Clause- 3.1 of impugned order dated 11.07.2025 passed by State Election Commission (respondent No. 2) to the extent in which Teacher and Shiksha Mitra of the Junior Basic School including petitioner has been appointed as Booth Level Officer as well as order dated 19.07.2025 and 26.08.2025 passed by Sub Divisional Officer/Assistant Electoral Registration Officer (Panchayat and Local Bodies), Tehsil Baraut, Baghpat (respondent No. 6) (Annexure No. 1, 2 & 3 to this writ petition). b) Issue a writ, order or direction in the suitable nature restraining the Respondents from assigning Booth Level Officer duty and other non-teaching duties to petitioner and also not to take any coercive action against petitioner in view of the judgment dated 11.02.2025 passed by this Hon'ble Court in Surya Pratap Singh Vs. State of U.P. and others, 2025 (2) ADJ 351." At the very outset, learned Standing Counsel for the State-respondent nos.1, 2, 4, 5, 6 & 8 submits that the controversy involved in the present Versus Counsel for Petitioner(s) : Satyendra Chandra Tripathi, Shiv Poojan Yadav Counsel for Respondent(s) : Ashutosh Mishra, C.S.C., Shivendra Kumar Singh, Tarun Agrawal Bharat Bhushan .....Petitioner(s) State Of U.P. And 9 Others .....Respondent(s) 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 is disposed of in terms of Surya Pratap Singh (supra). September 9, 2025 Kalp Nath Singh WRIA No. 13325 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad