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Surendra Singh v. State Of U.P. And Others - WRIT - C No. 63399 of 2005 [2005] RD-AH 4646 (21 October 2005)


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Court No. 52

Civil Misc. Writ Petition No.      63399   Of   2005

Surendra Singh......................................................................       Petitioner


State of U.P & others.............................................................               Respondents

Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner and the leaned standing counsel.

By this writ petition the petitioner has prayed for a writ of mandamus directing the respondents for transferring the booth from Primary Pathshala, Govindpur to either in Panchayat Bhawan or Anganbari Centre, Govindpur in B.D.C. and Panchayat elections.

The petitioner's case in the writ petition is that for the election of Block Development Committee, Primary Pathshala Govindpur has been fixed as polling station against which fixation an objection has been filed on 15.9.2005.  The counsel for the petitioner  has submitted that the fixation of the polling station has not been made in accordance with the Government orders issued from time to time.

Learned counsel for the petitioner submitted  that the objection which was filed on 15.9.2005 has not yet been decided.  He further contended that the election for Block Development Committee  is to take place  on 14th October, 2005 but no heed has been paid to the competent authority who was required to decide the said objection.

Learned standing counsel submitted that the objection dated 15.9.2005 which is Annexure-6 to the writ petition, must have been decided.  However, with regard to which the learned standing counsel  has no instruction at present.

In the facts of the present case no purpose will be served in keeping the writ petition pending and inviting counter affidavit.  In case the objection dated 15.9.2005  Annexure-6 to the writ petition with regard to polling station Primary Pathshala, Govindpur has not yet been disposed of, the same may be disposed of by the competent authority in accordance with law within a period of three days from the date of production of a certified copy of this order if not  already disposed of.  It is made clear that this Court is not expressing  any opinion on the merits of the claim of the petitioner and it is for the competent authority  to consider all aspects of the matter and take decision in accordance with law.

With the above observation the writ petition is disposed of.




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