JUDGMENT S.K. Dhaon. - The order dated 16-5-1988 passed by the Electoral Registration Officer, Jaunpur, varying the age of petitioner from 31 years to 27 years and the order dated 20-5-1988 passed by the Additional District Magistrate acting as the appellate authority, dismissing the appeal of the petitioner and upholding the order dated 16-5-1988 are being impugned in the present writ petition. 2. Counter-affidavit has been filed on behalf of the Additional District Magistrate and the Electoral Registration Officer. Respondent Nos. 3 and 4 have not been served. Learned counsel for the petitioner states that they are unnecessary parties as the appellate authority has recorded a finding that the electoral registration officer did not pass the order at the instance of Respondent No. 3 and 4 but acted suo moto. With the consent of the learned counsel for the parties, this petition is being disposed of finally even though it has not been formally admitted. 3. It is now an admitted position that before the Electoral Registration Officer made a change in the age of the petitioner no opportunity was afforested to the petitioner. Such a contention was advanced by the petitioner before the appellate authority. It noted the argument but side tracked the issue and held that on merit the order of the Electoral Registration Officer was justifiable. In the counter-affidavit filed on behalf of the contesting respondents the allegations have not been denied. On the contrary, it is stated that the allegations are not born out from the record. 4. The second proviso to sub-section (8) of Section 9 of U. P. Panchayat Raj Act, 1947 lays down that no deletion or correction of any entry in respect of any person affecting his interest adversely shall be made without giving him reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him. This provision in law having been observed in its breach, the impugned orders are liable to be set aside on this short ground alone. 5. The petition succeeds and is allowed. The impugned orders are quashed. The Electoral Registration Officer shall now proceed to pass a fresh order in accordance with law after hearing the petitioner. There shall be no order as to costs.