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2026 DAILYLAW 1259 (ALL)

MOBIN KHAN v. STATE OF U.P. AND 3 OTHERS

WRIC/6474/2026 · 2026-04-19

Vinod Diwakar

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 6474 of 2026 Court No. - 37 HON'BLE VINOD DIWAKAR, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondents and perused the material on record. 2. The present writ petition has been instituted seeking issuance of a writ, order or direction in the nature of mandamus commanding the respondents to appoint another Booth Level Officer (BLO) in place of the existing BLO at Village Panchayat Mewa Sharfapur, Block Bhuta, Tehsil Faridpur, District Bareilly to conduct neat and clean panchayat election through fresh and clear voter list in pursuance of the report dated 24.11.2025 submitted by the Revenue Inspector, Tehsil Faridpur, District Bareilly, which was prepared on the complaint dated 18.10.2025 preferred by the petitioner. 3. Learned Standing Counsel, on the basis of written instructions received from the competent authority, submits that the grievance raised in the writ petition does not survive for consideration inasmuch as the concerned Booth Level Officer, against whom allegations were levelled, has already been substituted/replaced by a newly appointed officer. It is further submitted that in case the petitioner still has any subsisting grievance with regard to preparation of electoral rolls or conduct of election, he has an efficacious alternative remedy to approach the newly appointed BLO and/or the Block Development Officer concerned, who are under a statutory obligation to address such grievances in accordance with law. It is thus contended that no cause of action survives in the present petition. 4. Having considered the submissions advanced by learned counsel for the parties and upon perusal of the instructions placed before this Court, it Versus Counsel for Petitioner(s) : Akhilesh Kumar Tiwari, Ranjeet Singh Counsel for Respondent(s) : C.S.C., Satendra Kumar Singh Mobin Khan .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) transpires that the principal relief sought by the petitioner for replacement of the Booth Level Officer, already stands effectuated. In such view of the matter, no further adjudication is warranted in the present proceedings. However, in order to safeguard the interest of the petitioner and to ensure fairness in the electoral process, it is provided that in case the petitioner still has any grievance regarding preparation or correction of the voter list, he shall be at liberty to approach the newly appointed Booth Level Officer and/or the Block Development Officer concerned by way of a representation, which shall be considered and decided expeditiously, strictly in accordance with law and applicable rules governing electoral rolls. 5. The writ petition, accordingly, stands disposed of with the aforesaid liberty. 6. Let a copy of the written instructions furnished by the learned Standing Counsel be supplied to the learned counsel for the petitioner during the course of the day. April 20, 2026 A. Tripathi WRIC No. 6474 of 2026 2 (Vinod Diwakar,J.) Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad