Allahabad High Court
RAM PRAKASH AND 21 OTHERSversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The court held that the petitioners must first file a proper application with the electoral authority, and the writ petition was disposed pending such filing.
Summary
The petitioners, a group of 22 individuals, filed a writ petition alleging that their names were omitted from the voter list of Village Panchayat Nagla Taiyyadpur in Budaun district. They sought the court’s intervention to have their names entered. The respondents, representing the State of Uttar Pradesh, contended that the petitioners must first file a separate application in the prescribed format before the appropriate electoral authority (Respondent‑4). The court examined whether a writ could compel immediate inclusion without following the statutory procedure. Concluding that the statutory remedy must be exhausted, the court disposed of the writ petition but granted the petitioners liberty to file the required application within three weeks, after which the respondent would consider it according to law.
Issues considered
- The omission of petitioners' names from the Panchayat voter list can be remedied by a writ petition without filing a separate application.
- Whether the court can direct immediate inclusion in the electoral roll absent compliance with statutory filing requirements.
Subjects
- voter list
- electoral roll
- Panchayat elections
- writ petition
- administrative remedy
- procedural compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36543 of 2026
Ram Prakash And 21 Others
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashok Kumar, Bheshaj Puri
Counsel for Respondent(s) : C.S.C., Prakhar Saran Srivastava
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Ashok Kumar, learned counsel for petitioners, learned Standing
Counsel for State-Respondents and Sri Prakhar Saran Srivastava, Advocate for
Respondent-2.
2. Petitioners, 22 in numbers, are aggrieved that their names are not included in
voter list of Village Panchayat Nagla Taiyyadpur, Post Sakri Jangal, Tehsil and
District Budaun.
3. It is informed by learned counsel for Respondent-2 that petitioners have to
file independent application in a proper format and if it is submitted alongwith
requisite documents before Respondent-4 the same will be considered in
accordance with law.
4. In aforesaid circumstances, the writ petition is disposed of with liberty to
petitioners to file independent application in a proper format with further
observation that if any such application is filed within three weeks from today,
the same will be considered by concerned respondent in accordance with law.
(Saurabh Shyam Shamshery,J.)
September 14, 2026
AK
Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad
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