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2015 DIGILAW 3709 (ALL)

Shailendra Kumar Tripathi [P. I. L. ] v. Election Commissioner, State of U. P. , Lucknow

2015-11-27

D.Y.CHANDRACHUD, NARAYAN SHUKLA

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JUDGMENT The reliefs which the petitioner seeks, invoking the jurisdiction in a public interest litigation, are as follows: "i. To issue writ order or direction in the nature of mandamus directing and commanding the opposite party no.5 to make physical verification of Gram Panchayat - Kamalpur Mubarakpur Pikar, Block-Jahangirpur, District-Ambedkar Nagar for the Election of Panchayat, 2015. ii. To issue writ order or direction in the nature of mandamus directing and commanding the opposite parties to take all appropriate steps for correcting the voter list of the Gram Panchayat - Kamalpur Mubarakpur Pikar, Block-Jahangirpur, District-Ambedkar Nagar by making physical verification and the names of dead persons and outsiders as well as the names who which have been mentioned at two places may be deleted and the names of the persons residing in the same Gram Panchayat and were shown in the 2010 voter list may be included in the voter list after making physical verification in accordance with law as early as possible." 2. 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. 3. 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. 4. The petition is, accordingly, dismissed. There shall be no order as to costs.