Allahabad High Court
Smt. Machla Devi & Anr. vs Chief Election Officer ... on 7 January, 2020
Bench: Pankaj Kumar Jaiswal, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- MISC. BENCH No. - 132 of 2020 Petitioner :- Smt. Machla Devi & Anr. Respondent :- Chief Election Officer (U.P.)Secretariat Lucknow & Ors. Counsel for Petitioner :- Ajay Kishor Pandey Counsel for Respondent :- C.S.C.,V.K.Dubey Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Narendra Kumar Johari,J.
Heard Sri Ajay Kishor Pandey, learned counsel for the petitioners, learned Standing Counsel for respondent nos. 2 and 3 and Sri V.K. Dubey, learned counsel for the respondent no.1.
By this petition, the petitioners are praying for issuance of writ of mandamus directing the respondent no.1 to create a new polling station in the petitioners' village as proposal was sent by the District Election Officer.
Learned counsel for the petitioners has failed to point out any regulation, Government Order or rules prepared under Representation of People Act, 1951 to show that time has been framed by the Election Commission to accept proposal and as no action has been taken within the aforesaid time, the petitioners have filed the present writ petition for the aforesaid relief.
Considering the fact that proposal was made on 04.12.2019 and immediately thereafter, present writ petition has been filed on 02.01.2020, we are of the view that at this stage, the present petition is premature.
The writ petition is, accordingly, dismissed.
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(Narendra Kumar Johari, J.) (Pankaj Kumar Jaiswal, J.) Order Date :- 7.1.2020 Ajit/-