- (1.) Dr. Akshaibar Nath Dwivedi is before this Court with a request to issue writ in the nature of mandamus commanding the State Election Commission, which is looking after and maintaining electoral college of Legislative Councils (Teachers), to take cognizance of the irregularities as has been pointed out by the petitioner and accordingly declaration be made to the effect that part time teachers, who have been enrolled by the District Inspector of Schools, be not permitted to participate in the election and action be taken against such respondents, who are instrumental in preparing such illegal electoral college by enrolling part time teachers in electoral college for different constituencies. Petitioner has come up with the case that he is a retired Principal of Kisan Intermediate College Pasulaha, Pariyat, Jaunpur and claims that he is one of the prospective candidate to contest the election of Legislative Council (Teachers) from the Varanasi constituency.
(2.) Petitioner has stated that the Election Commission of India has addressed a letter to the Chief Election Commissioner, U.P. at Lucknow giving therein directives for preparation of Electoral Rolls of the teachers' constituency of the State Legislative Council of Uttar Pradesh and name of teachers' constituencies have also been mentioned as Bareilly-Moradabad Division; Lucknow Division; Gorakhpur-Faizabad Division; Varanasi Division; Meerut Division and Agra Division. The Electoral Roll of the above constituencies are required to be revised in consonance with the guidelines in question as has been issued by Election Commission of India dated 27.9.2013. Petitioner's submission is that in the direction of preparation of electoral roll, various incumbents who cannot be accepted as teachers, such as part time teachers, appointed under Section 7-AA of U.P. Act No. 2 of 1921 are being included as teachers and such teachers are liable to be excluded from the list in question which is being finalized. Petitioner's submission is that in the said direction, he has been requesting that such incumbents should not at all be shown in the electoral college who are performing and discharging duties as part time teachers and accordingly the petitioner is before this Court, for remedying the situation.
(3.) Shri S.I. Siddiqui, Advocate as well as Shri B.N. Singh, Advocate has resisted the claim of the petitioner by submitting that District Election Officer of Varanasi, Mandal Varanasi has already published programme by way of public notice dated 13.9.2013 and as per the same, in case anyone has any objection qua preparation of electoral college in question, then objections can be filed within a period starting w.e.f. 1.10.2013 to 30.10.2013 and the date of disposal of objection has also been given as 3.12.2013 and in view of this once a full-fledged procedure has been provided for, then this Court on mere apprehension and on mere surmises and conjecture should not entertain the writ petition.;