SUDHANSHU SHEKHAR TRIPATHI Vs. STATE OF U.P.
LAWS(ALL)-2020-11-64
HIGH COURT OF ALLAHABAD
Decided on November 05,2020

Sudhanshu Shekhar Tripathi Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

Ramesh Sinha,J. - (1.) The present writ petition in the nature of public interest litigation has been filed by the petitioner claiming himself to be an Assistant Teacher (Soc.SC) in Sardar Patel Inter College, Bhawan Bigha, District Varanasi and a bonafide Voter of Teachers Constituency of Varanasi Khand with the following prayers :- "I) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to prepare the electoral roll/voter list strictly in accordance with the provisions of guidelines dated 5.9.2016. II) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to correct and revise the voter list of teacher constituency excluding the name of short terms teachers, clerks and other ineligible persons. III) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to hold election only after publication of voter list in terms of guideline dated 5.9.2016."
(2.) Certain facts are necessary to be mentioned herein. The petitioner had previously filed the Public Interest Litigation (PIL) No.31578 of 2014 (Sudhanshu Shekhar Tripathi Vs. State of U.P. and 4 Others) before this Court, which was dismissed vide order dated 10.7.2014. The said order is quoted hereinbelow :- "The petitioner, who claims to be working as an Assistant Teacher, has stated that he intends to contest the Legislative Council Elections in 2020. The reliefs which he seeks in these proceedings are to the following effect: "I) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to correct and revise the voter list of Teachers Election Constituency of Varanasi Khand excluding the name of short term Teachers, Primary School Teachers, Clerks and Peons in accordance with guidelines dated 14/06/2013 issued by the respondent no.3. II) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to prepare voter list with photograph as provided in guidelines in accordance with clause 30(3) of guidelines dated 14/-6/2013. III) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to hold hold the further Elections on the basis of present voter list."
(3.) The grievance of the petitioner is that the voters list in the elections for the Legislative Council, which were recently concluded on 23 March 2014, contained various deficiencies and irregularities inter alia by including the names of short-term teachers, primary school teachers, clerks of secondary schools and peons who were enrolled in the voters list for the Teachers Constituency of the Legislative Council.;


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