Surya Lal v. State of U. P. Thru. Prin. Secy. , Panchayat Raj
2015-11-27
D.Y.CHANDRACHUD, NARAYAN SHUKLA
body2015
DigiLaw.ai
JUDGMENT The reliefs which the petitioners have sought are in the following terms: "I. Issue a writ, order or direction in the nature of "Certiorari" to quash the impugned order dated 28.09.2015 passed by Sub Divisional Magistrate, Tehsil Utraulla, District Balrampur. II. Issue a writ, order or direction in the nature of "Mandamus" commanding the opposite parties to enroll the name of petitioners in the electoral list of Village Panchayat - Vijaypur Grunt, Pargana Sadullah Nagar, Tehsil Utraulla, District Balrampur." 2. The grievance of the petitioners is that though initially their names were entered in the electoral list of Village Vijaypur Grunt Pargana Sadullah Nagar, subsequently the names were deleted from the final electoral list. According to the petitioners, Vijaypur Grunt was before delimitation a part of the Village Panchayat of Bhagwanpur Grunt. An order was passed on 28 September 2015 rejecting the representation of the petitioners. The order states on the basis of the report of the Tehsildar that the petitioners are the resident of Village Bhagwanpur Grunt and it was only on 29 May 2015 that upon purchasing certain land they started the construction of their house after the delimitation exercise. The order also notes that the names of the petitioners were recorded in the list for Bhagwanpur Grunt. 3. As we find from the record, the claim of the petitioners would require an adjudication into disputed questions. At this stage, the last date for nominations is 28 November 2015 and the elections process has begun. The petition was undoubtedly filed on 3 November 2015. However, having regard to the well settled rule of restraint in such matters, we are not inclined to entertain the petition at this stage. Moreover, the petitioners would have a remedy of an appeal under Rule 21-A of the Uttar Pradesh Panchayat Raj (Registration of Electors) Rules, 1994 against the decision of the Assistant Electoral Registration Officer before the District Magistrate. 4. We clarify that all the rights and contentions of the petitioners are kept open to be decided in the course of the proceedings by the appellate authority and nothing contained in the present order would affect the merits of the claim in appeal. No other relief can be granted. The petition is, accordingly, disposed of. There shall be no order as to costs.