Sushil Harkauli, J. - (1.) This writ petition in the nature of Public Interest Litigation, has been filed with the following prayers: (i) to issue a writ, order or direction in the nature of writ of certiorari quashing the Rule 4, Rule 5, and Rule 5 of U.P. Panchayat Raj (Nirvachak Registrikarn), Niyamawali, 1994; U.P. Nagar Nigam (Nirwachak Namawali ka Taiyar kiya Jana aur punrichan), Niyamawali, 1994 and U.P. Nagar Palika (Nirwachak Namawali ka Taiyar kiya Jana aur, punrichan), Niyamawali, 1994 respectively as ultraviress to the U.P. Official Language (Amendment) Act 1989 as well Constitution of India. (ii) to issue a writ, order or direction in the nature of writ of mandamus directing the respondent to implement the U.P. Official Language (Amendment) Act, 1989 and (Govt. Order dated 19.11,1990 issued thereunder in the Panchayat, Nagar Nigam, Nagar Palika and other Local Bodies forthcoming elections. (iii) to issue a writ, order or direction in the nature of writ of mandamus directing the respondents to prepare and publish the voter list, Nomination form and other relevant papers, documents in Urdu language (Second Official Language) also in Panchayat, and Local Bodies Elections which will he held in 1998 in future and provide appoint urdu knowing persons as polling officers urdu translator in every polling party at polling centers, and provide Urdu Voter list to the recognized political parties along with Hindi Voter list. (iv) to issue a writ, order or direction in the nature of writ of mandamus directing the respondent to amend all me Meet ion Rules, concerning to Election Panchayat and Local Bodies for implementation of U.P. Official Language (Amendment), Act 1989 and Rules, Govt. Orders issued thereunder. (V) to issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of this case. (vi) To award the cost of petition to the petitioner against the respondent.
(2.) From the side of the petitioners the petition was argued by petitioner no. 2, appearing* in person. Sri P.K. Misra Standing Counsel, argued the matter for respondent no. 1 and Sri S.M.A. Kazmi, Additional Advocate General, appeared for respondent no. 2.
(3.) By the UP. Official Language (Amendment) Act, 1989 (U.P. Act No. 28 of 1989) the U.P. Legislature inserted the following Section 3 after existing Section 2 of the U.P. Official Language Act, 1951 : 3. In the interest of Urdu speaking people, Urdu language shall be used as second official language for such purposes as may be notified by the State Government from time to time.;