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2015 DIGILAW 3871 (ALL)

Seeta v. Election Commissioner State of U. P. Lucknow

2015-12-08

A.P.SAHI, ATTAU RAHMAN MASOODI

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JUDGMENT Heard learned counsel for the petitioner. 2. The contention raised in this petition is that once the nomination papers filed by the petitioner were found to be in order then any subsequent act to delete the name of the petitioner through a supplementary list and thereby rejecting the nomination papers is not in accordance with the provisions of Rule 17 of the 1994 Rules. 3. The contention raised is that once the nomination papers were found to be in order, the presumption is that the name of the petitioner is very much there in the electoral list. In such a situation, the action of the respondent is vitiated. 4. Sri Anurag Kumar Singh, learned counsel for the Election Commission has invited the attention of the Court to the directives issued by the State Election Commission on 1st of November, 2015 indicating that all scrutiny in relation to the voter list in respect of the fourth phase of elections were to be carried out from 8th November, 2015 to 28th November, 2015. The said instructions further records that the modified list if any should be circulated by 3.30 pm on the last date of nomination of the area concerned. 5. In the instant case, the last date of nomination was 28th November, 2015. The said list had already been forwarded and it is for this reason that the petitioner's nomination has now not been acknowledged in order as the petitioner's name has been excluded under the modified list. 6. Having considered the aforesaid submissions, the elections are scheduled to be held on 10th December, 2015. In such a situation and keeping in view the fact that the action appears to have been taken as per the directions issued by the State Election Commission, we are not inclined to interfere in this petition at this stage without prejudice to a challenge that may be permissible after the elections are over. 7. The writ petition is dismissed with the said observations.