- (1.) WE have heard Sri D.S.Mishra, learned counsel for the petitioners and learned Standing Counsel for the respondents.
(2.) THE petitioners have filed this writ petition for issue of a writ in the nature of mandamus for holding the election dated 14.10.2010 of the Gram Panchayat, Mirzapur Vikas Khand-Vilaspur, Tehsil-Swar, District Rampur as illegal, invalid and thereby setting aside the same. It has also been prayed that the result of the said election be not declared. According to the petitioner, election of the Gram Panchayat in question was declared and the petitioner No. 1 filed his nomination paper on 28.6.2010 for contesting to the post of Member, Kshetra Panchayat, whereas the petitioner No. 2 is a registered voter and had filed her nomination for the election to the post of Pradhan under the general female category on 27.9.2010.30.9.2010 was fixed for scrutiny of nomination papers wherein no mistakes or errors were found and the nomination papers were accepted by the Returning Officer. It is stated that in other wards of the Gram Panchayat other persons had filed their nomination and after scrutiny, they were found to be correct and hence were accepted. On 3.10.2010 the contestants were allotted respective symbols and ballot papers in accordance thereof were published. The petitioner contends that the name of the petitioner No. 1 found place at SI. No. 764, Ward No. 9 in the voter list of 2009 and the petitioners and others had been issued identity card by the Election Commission. The petitioner alleges to have a PAN Card and a driving licence, which is valid up to 6.5.2012. The grievance is that the name of the voters of the voters list of 2009 has been illegally amended and as many as 80 voters have been deleted from the list. The petitioners protested such deletion by making an application dated 15.10.2010 and 16.10.2010 by FAX to the Returning Officer and the State Election Commission, Lucknow respectively informing that the name of the 80 voters from the voters list have been illegally struck off with red ink. As a consequence thereof, the said 80 voters could not exercise their votes in the election held on 14.10.2010 and hence the election requires to be re-held and results be not declared. It has also been stated that apart from the voters list of 2009, no other voters list either amended or supplementary was issued and the election was conducted on the basis of the voters list of 2009 minus the 80 voters whose names had been deleted at the last moment.
(3.) LEARNED counsel for the petitioner has referred to various provisions of the U.P. Panchayat Raj Act and Rules to submit that once the voters list has been published and the last date for its revision has expired and further when the last date for scrutiny of nomination has also lapsed, the voters list cannot be changed and as such if it is changed thereafter, it would be an illegality which requires interference by the Writ Court since there is no remedy of filing an Election Petition against such removal of name of voters from the voters list. He has referred to Section 12-C of the U.P Panchayat Raj Act and submits that the grounds upon which an election can be challenged by means of an election petition do not include the above grievance as one for which the petitioner has any remedy under the Act, even after the election and hence this writ petition under Article 226 of the Constitution of India is the appropriate remedy for the petitioner. The undisputed fact as averred in the writ petition is that both the petitioners have filed nomination for election to a post in the Gram Panchayat elections and their nominations were accepted.;