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Allahabad High Court · body

2015 DIGILAW 3872 (ALL)

Rajkali v. State of U. P. Thru Secy. Panchayati Raj Civil Sectt. Lko.

2015-12-08

A.P.SAHI, ATTAU RAHMAN MASOODI

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JUDGMENT The petitioner has come up questioning the action of the respondents in allegedly deleting the name of the petitioner from the voters list, which according to the allegations made, has been done after the finalisation of the nomination process and allotment of symbol to the petitioner. 2. Learned counsel submits that the petitioner was allotted a symbol on 1.12.2015 which was the date fixed for finally accepting the nomination papers, whereafter some supplementary list is said to have been uploaded indicating that the petitioner's name has been deleted from the voters list. 3. Learned counsel submits that this procedure is impermissible in as much as once the nomination process is finalised, any subsequent act of deletion of name cannot be admitted as that would vitally affect and prejudice the right of the petitioner to participate in the election process. 4. Learned counsel further submits that not only the petitioner but several other names have been deleted in a simultaneous fashion who are 44 in number, thereby depriving their voting rights as well. 5. The elections are scheduled to be held tomorrow i.e. 9.12.2015. 6. In such a situation, a mandamus cannot be issued at this stage when the elections are scheduled to be held tomorrow as that would amount to interfering with the election process but at the same time is open to the petitioner to approach the District Election Officer alongwith her complaint in this regard, who shall examine the same and act accordingly. The petition is disposed of finally.