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Allahabad High Court · body

2015 DIGILAW 3593 (ALL)

Umesh Yadav v. State of U. P.

2015-11-19

D.Y.CHANDRACHUD, YASHWANT VARMA

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JUDGMENT The relief which has been sought in the public interest litigation is in relation to the delimitation which was carried out for the purpose of allotment and reservation of seats during the course of the general elections to the Panchayats which is due to take place shortly. 2. The relief which has been sought is in the following terms: "i) issue, a writ, order or direction in the nature of mandamus commanding the respondents to conduct the Re-delimitation for the purpose of allotment and reservation of seats in present General Election for panchayat 2015 against the arbitrary and irregular Rapid Survey for de-limitation by virtue of which the seat of Pradhan had been declared as General while it should be for O.B.C. in view of their population." 3. The second relief is only to decide the representation of the petitioner. 4. On 7 November 2015, the State Election Commission has notified the election schedule for holding elections to the Gram Panchayats across the State of Uttar Pradesh. 5. Since the electoral process has already been initiated and having regard to the provisions of Article 243-O of the Constitution, we decline to entertain the petition. Moreover, the results of the elections can always be questioned in accordance with law. Hence, we decline to entertain the petition. 6. The petition is, accordingly, dismissed. There shall be no order as to costs.