RAJAN ROY,J. - (1.) Heard learned counsel for the petitioner, learned Addl. C.S.C. as also Sri Rakesh Chaudhary, Advocate appearing for the opposite party no.6.
(2.) This is a writ petition under Article 226 of the Constitution of India challenging an order dated 10.11.2015 passed by the Sub Divisional Magistrate / Assistant Electoral Registration Officer (Panchayat), Lalganj, Pratapgarh, as well as another order dated 20.11.2015 passed by the Additional Collector / Electoral Registration Officer (Panchayat), Pratapgarh.
(3.) Contention of Shri Parihar, Learned Senior Counsel appearing for the petitioner, in nutshell, was that the opposite party no. 5 was not ordinarily resident of village Ramgarh Raila and he came to reside there only on 27.10.2015, barely a couple of days prior to the notification of the elections on 06.11.2015, and his name was incorrectly and illegally included in the electoral list for elections to newly formed Nyay Panchayat Ramgarh Raila. It was his submission that this could not be a ground for challenging the election of opposite party no. 5 as is the settled legal position, therefore, this Court alone has jurisdiction to exercise extraordinary jurisdiction to ascertain the validity of the impugned order. He prays that the impugned order be quashed as the name of the opposite party no. 5 has been wrongly included in the electoral roll.;