Allahabad High Court
Surjit Singh And 11 Others vs State Of U.P. And 4 Others on 16 March, 2021
Bench: Sanjay Yadav, Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 549 of 2021 Petitioner :- Surjit Singh And 11 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Sanjay Yadav,J.
Hon'ble Jayant Banerji,J.
Shri Rajesh Kumar Yadav, learned counsel appears for the petitioners.
Learned Standing Counsel appears for the State respondents.
The petitioners by way of present petition seek following reliefs:-
"A. Issue a writ, order or direction in the nature of mandamus commanding the respondents/concerned authorities to restore the previous polling station No. 87, polling booth No. 185 at Panchayat Ghar Nagla Summer according to the previous Gaon Shabha Election held in the year 2015 and voter list prepared in the year 2020 for the election of Gaon Shabha/ Gram Panchayat Tarauli Block Kurawali Tehsil Sadar mainpuri district Mainpuri for the election going to be held in the year 2021.
B. Issue a writ, order or direction in the nature of mandamus commanding the respondents/ concerned authorities to decide the objections/ representations filed by the petitioners on dated 22.01.2021 pending in the respondent authorities within a stipulated period according to law, otherwise the petitioners shall suffer irreparable loss and injury."
This Court earlier dismissed a similar petition being Public Interest Litigation (PIL) No.138 of 2021 (Pramod Vs. State of U.P. and 2 others).
Since we have already taken a view that establishment of polling station/booth in election including Gram Panchayat Election is prerogative and administrative act of the administration, we are not inclined to cause any indulgence in administrative act.
In view whereof, no relief can be granted, petition fails and is dismissed.
Order Date :- 16.3.2021 Kirti (Jayant Banerji, J) (Sanjay Yadav, J)