Alok Mathur, J. - (1.) Heard Sri Sudeep Seth, learned Senior Advocate assisted by Sri Pravin Kumar Singh, learned counsel for the petitioner as well as learned Additional Chief Standing Counsel for the State respondents, and Sri Abhijeet Raj, learned counsel for respondent no. 5, through video conferencing in view of COVID-19 pandemic.
(2.) By means of instant writ petition the petitioner has assailed the order dated 24th August, 2020, passed by respondent no. 4 - Deputy Collector/Assistant Electoral Registration Officer (Panchayat), Lalganj, District - Pratapgarh, whereby he has reviewed his own earlier order dated 25.05.2020, and consequently recorded a contrary finding, declaring that petitioner is not a resident of Village - Ramgarh Raila and further directed that name of the petitioner as well his family members be removed from the electoral list of village - Ramgarh Raila. The brief facts of the case are as under:- (i) The petitioner contested the elections in 2015 for the post of Gram Panchayat- Ramgarh Raila and was elected as Gram Pradhan while respondent no.5 who also contested the said elections lost by a margin of 78 votes. (ii) The respondent No.5 had raised an objection regarding inclusion of the name of the petitioner in the electoral roll of Village Ramgarhia Raila and thereafter after a detailed enquiry by opposite party No.4 by means of order dated 10/11/2015 the name of the petitioner in the electoral role was retained. (iii) Against the order dated 10/11/15 respondent No.5 filed an appeal under Rule 21A of the U.P Panchayati Raj (Registration of Electors) Rules, 1994 which was rejected on 20.11.2015. The order dated 20.11.2015 was challenged before this Court in writ petition No.279 (M/S) of 2015. The said petition was disposed of by this Hon'ble Court vide judgment and order dated 17.12.2019 where the order dated 20.11.2015 was quashed and the matter was remanded back to opposite party No.4 for fresh consideration. (iv) Consequent to the remand of the matter the opposite party No.4, after giving due notice to the parties concerned, decided the matter by means of a detailed and speaking order dated 25/5/2020, thereby the representation of Opposite party no. 5 was rejected. (v) Counsel for the petitioner has further submitted that the petitioner apprehended miscarriage of justice at the hands of opposite party No.4, and therefore moved the representation before District Magistrate, Pratapgarh stating that oppostie party No.4 was acting in collusion with opposite party No.5 and therefore requested that the matter be transferred to another Sub Divisional Magistrate. The District Magistrate on 18/8/2020 had made an endorsement on the application preferred by the petitioner directing the Sub Divisional Magistrate, Lalganj to do the needful. It has been alleged by the petitioner that opposite party No.4, in the most hurried manner, without fixing any date, allowed the review application moved by opposite party No.5. (vi) It is in light of the aforesaid facts that this Court has been called upon to decide as to whether opposite party No.4 has the jurisdiction to review his own order dated 25.05.2020.
(3.) It has been submitted by learned counsel for the petitioner that order dated 24.08.2020, has been passed by the Deputy Collector/Assistant Electoral Registration Officer (Panchayat), Lalganj, District - Pratapgarh on the application for review preferred by respondent no. 5 on 28.01.2020, seeking review of earlier order dated 25.05.2020.;