High Court of Judicature at Allahabad
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Ram Shree v. State Of U.P. And Others - WRIT - C No. 72597 of 2005  RD-AH 6919 (5 December 2005)
Civil Misc. Writ Petition No.72597 of 2005
State of U.P. & Ors.
Hon'ble Dr. B.S. Chauhan, J.
Hon'ble Dilip Gupta, J.
This writ petition has been filed for a direction to the respondents no. 2,3 and 4 or to some other fair agency or competent officer to make enquiry in respect of caste of Geeta, the respondent no.6 and unless the enquiry is completed, the she be restrained from functioning as B.D.C.
Shri P.N. Rai, learned counsel appearing for respondents has raised a preliminary objection regarding maintainability of the writ petition submitting that this Court should not entertain a writ petition in such matters and in support of his claim, he has placed a very heavy reliance upon the judgment in Harknek Singh Vs. Charanjit Singh & Ors., 2005 AIR SCW 5459, wherein the Hon'ble Apex Court has held that generally, writ petition should not be entertained in a matter dealing with election.
In view of the preliminary objections raised by Shri Rai and in view of the fact that the elections are already over and result has been declared, we are not inclined to interfere in the matter. Petition is accordingly dismissed with liberty to approach the appropriate forum by filing an election petition, if so advised.
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