- (1.) Petitioners, before this Court, who are two in number, seek writ of mandamus directing the respondents namely the Electoral Registration Officer, Allahabad, and Subordinate Authorities to include the name of petitioners in the voter list prepared for Gram Panchayat Jewania, Block- Urwa, Tehsil Meja, District Allahabad, and to produce the records/order, if any, by which the name of petitioners have been removed from the voter list and quash the same.
(2.) It is the case of the petitioners that they were original residents of Gram Panchayat Kunwar Patti, Block Uruwa, Tehsil Meja, District Allahabad. They shifted to a different Gram Panchayat i.e. the village qua which the present controversy relates. It is stated that petitioners had made an application for inclusion of their name in the voter list to be prepared for the Panchayat Elections of 2015 in respect of Gram Panchayat Jewania. It is their case that on the said application being filed, a tentative list was published (reference page 33 of the paper book), wherein the name of petitioners were included. It is then stated that in the final list, which has been published on 5.9.2015 for the Gram Panchayat Jewania, the name of the petitioners are not included therein. Aggrieved by such exclusion of their name from the final voter list, the petitioners claim to have filed a representation/application before the authorities. It is then stated that petitioners were not informed about any objection made against inclusion of their names in the voter list, and therefore, the question of opportunity of hearing, being afforded to the petitioners to meet the objection, also never arose. It is stated that there has been non-compliance of Rule 12 (3), Rule 15(2) and Rule 15(3) of the Uttar Pradesh Panchayat Raj (Registration of Electors) Rules, 1994. The final voter list published for the village in question has been enclosed as Annexure No.6 to the present writ petition.
(3.) Sri R.K. Ojha, learned Senior Counsel assisted by Sri Sudeep Harkauli for the petitioner contended before us that since their name from the tentative voter list have been deleted without opportunity and without disclosing the objections, the same is bad, and this Court may, therefore, grant the relief, as has been prayed for in the present writ petition.;