Allahabad High Court
PRAKASH CHANDRA YADAVversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The shift of polling stations is a policy decision of the State Election Commission and its officers and is not a justiciable right, so the petition is dismissed.
Summary
The District Magistrate/District Election Officer of Prayagraj shifted polling stations 145‑147 from Prathmik Vidyalay Kolhuwa to Prathmik Vidyalay Jethupur Khas by an order dated 18‑03‑2021, acting on directions issued in response to a representation filed by three Gram Sabha members. The petitioner, Prakash Chandra Yadav, challenged this shift, alleging that the decision violated his rights. The High Court held that the relocation of polling booths is a policy decision made by the State Election Commission and its officers, and not a matter that confers any enforceable right on the petitioner. Consequently, the Court found that the petitioner's grievance did not give rise to a justiciable issue amenable to judicial review. The writ petition was therefore dismissed. The judgment emphasized that policy decisions of the election machinery are beyond the scope of court intervention absent a clear legal violation.
Issues considered
- Whether the shift of polling stations by the District Election Officer is a policy decision immune from judicial review
- Whether the petitioner has any enforceable right to challenge the relocation of polling booths
Subjects
- polling station relocation
- election law
- policy decision
- justiciable rights
- judicial review
- district election officer
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37284 of 2026
Prakash Chandra Yadav
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vidya Kant Tripathi
Counsel for Respondent(s) : C.S.C., Satendra Kumar Singh
Court No. - 2
HON'BLE J.J. MUNIR, J.
HON'BLE INDRAJEET SHUKLA, J.
The District Magistrate/District Election Officer, Prayagraj has shifted
polling station nos.145, 146 and 147 from the Prathmik Vidyalay
Kolhuwa to Prathmik Vidyalay Jethupur Khas by the impugned order
dated 18.03.2021 in compliance with directions issued to him to decide
the representation preferred by Chhedi Lal Mishra and two others, who
are members of the Gram Sabha by this Court vide order dated
03.02.2021 passed in Writ-C No.3114 of 2021. The District Election
Officer by the order impugned has considered all relevant factors and
took a decision to move the polling booth. The District Election Officer
has taken a policy decision as part of the establishment of the State
Election Commission and on their behalf to move the polling booth
from Prathmik Vidyalay Kolhuwa to Prathmik Vidyalay Jethupur Khas.
This is absolutely a matter in the realm of policy decision making by the
State Election Commission and their Officers. Sofar as the petitioner is
concerned, he has no justiciable rights after an informal decision has been
taken by the District Election Officer in the matter.
There is no force in the matter. The writ petition is dismissed.
(Indrajeet Shukla,J.) (J.J. Munir,J.)
September 16, 2026
S.P.
Digitally signed by :-
SANJAY PURI
High Court of Judicature at Allahabad
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