Shobhawati v. State of U. P. Thru Its Prin. Secy. (Home) U. P. Lko.
2016-01-05
A.P.SAHI, ATTAU RAHMAN MASOODI
body2016
DigiLaw.ai
JUDGMENT This writ petition was filed yesterday but in view of the urgency of the matter as the elections are scheduled for 7.1.2016 we had summoned the records of this writ petition from the office on the request of the learned counsel for the petitioners. 2. Learned counsel for the petitioners Dr. L.P. Misra is permitted to implead the Director General of Police, Uttar Pradesh as respondent no.7 during the course of the day. The Principal Secretary (Home) is already arrayed as respondent no.1. They are represented by the learned Additional Chief Standing Counsel who has also accepted notices for the respondents no.3 and 4. 3. The allegations in this writ petition are by six petitioners, out of whom four are ladies alleging threat about their participation in the forthcoming elections of the Zila Panchayat where the petitioner no.1 Smt. Shobhawati is also a contesting candidate. 4. The contention is that all the petitioners are under a serious threat that there cannot be any free and fair elections in view of the allegations that have been levelled in paragraph nos.10 and 11 of the writ petition. 5. A very peculiar fact has been alleged that the respondents- District Magistrate and the Superintendent of Police, Ambedkar Nagar have without any asking have provided gunners to all the petitioners who, according to the petitioners, are moving like shadows and are actually acting as spies for the candidates of the ruling party. 6. The petitioners contend that they did not demand nor do they require any such gunners for security and safety in the process of election and to the contrary it would be appropriate that the State Election Commission provides ample security to the petitioners by some other agency and also makes appropriate arrangements for free and fair elections. 7. One of the grievances of the petitioners is also to the effect that in order to eliminate any possibility of any rigging in the elections or use of any extraneous influence so as to intimidate the voters, it would be appropriate that a videography is also conducted with regard to the process of voting in the aforesaid elections. 8. The aforesaid peculiar allegation made in paragraphs 10 and 11 therefore requires a scrutiny by us.
8. The aforesaid peculiar allegation made in paragraphs 10 and 11 therefore requires a scrutiny by us. The District Magistrate and the Superintendent of Police, Ambedkar Nagar shall send their instructions in writing as to under which authority of law or under what direction they have provided gunners to the petitioners as alleged. The Director General of Police and the Principal Secretary (Home) are also put to notice to send their instructions to this Court in order to in inform us as to what directives have been issued by the State Election Commission for taking such steps. 9. The State Election Commission is also further directed to provide information to the court as to why such steps were taken and for what purpose. 10. The petitioner's counsel has further invited the attention of the court to the Rule 24 (6) of the Uttar Pradesh Zila Panchayat (Adhyaksha and Upadhyaksha) Election Rules, 1994 to contend that as a matter of fact during voting it is also apprehended that humble voters like the petitioners may be subjected forcibly to sign on plain documents for providing helpers and the same may be misutilized for casting their votes. The State Election Commission shall also respond to this and the District Magistrate, Ambedkar Nagar will also take notice of the fact as to what arrangements have been made in this regard so as to prevent any abuse of the aforesaid provision. Put up tomorrow. A copy of the order be given to the learned counsel for the parties today.