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Allahabad High Court

BALISTAR SINGH AND 8 OTHERSversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The High Court disposed the petition, directing the respondents to consider the grievance and issue a reasoned order within one month.

Summary

The petitioners filed a writ petition under Article 226 seeking a mandamus directing the State officials to delete their names from the Electoral List of Nagar Palika Parishad, Jaswant Nagar, Etawah, and to register them in the final Electoral List of the Gram Panchayat, Khitaura, Mahewa Development Area. They also asked the respondents to decide pending representations dated 20‑03‑2026 and 07‑05‑2026 concerning the same matter. The court noted that the representations were still pending and that the standing counsel raised no objection to the petition being disposed with a direction to the respondents. Consequently, the High Court disposed the petition, directing the respondents to consider the grievance and pass a reasoned order within one month of receiving the certified copy of the order. The order emphasizes that the subsequent order must be reasoned and in accordance with law.

Issues considered

  • Whether the High Court can issue a mandamus directing correction of names in electoral lists under Article 226.
  • Whether the court can direct the respondents to consider pending representations and pass a reasoned order.

Subjects

  • Article 226
  • mandamus
  • electoral list
  • local elections
  • Writ petition
  • High Court of Allahabad

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                         WRIT - C No. - 38639 of 2026

Balistar Singh And 8 Others
                                                                  .....Petitioner(s)
                                      Versus

State Of U.P. And 5 Others
                                                               .....Respondent(s)

Counsel for Petitioner(s)         : Vikarm Singh Yadav
Counsel for Respondent(s)         : C.S.C., Kaushlesh            Pratap     Singh,
                                    Saurabh Tiwari

Court No. - 1
                    HON'BLE AJIT KUMAR, J.
                    HON'BLE GARIMA PRASHAD, J.

1. Heard learned counsel for the petitioner and the learned counsel for the
respondents.

2. By means of the present writ petition filed under Article 226 of the
Constitution of India, the petitioner has prayed for the following reliefs:

     "i) Issue a writ order or direction in the nature of mandamus
     commanding the Respondent No.2 and 3 to delete the names of the
     petitioners from Electoral List of Nagar Palika Parishad, Jaswant 2
     Nagar, Etawah and Registered the names of the petitioners in the final
     Electoral List of 2026 of Gram Panchayat Khitaura, Mahewa
     Development Area, Mahewa, District- Etawah prepared for in the respect
     of Gram Panchayat Elections at the earliest.
     (ii) Issue a writ order or direction in the nature of mandamus
     commanding the respondent no.3 and 4 to decide the representation dated
     20.03.2026 and 07.05.2026 (Annexure No.4) of the petitioners regarding
     the deletion of their names from Electoral List of Nagar Palika Parishad,
     Jaswant Nagar, Etawah and addition of their name in the Final Electoral
     List of 2026 of Gram Panchayat, Khitaura, Mahewa Development Area,
     Mahewa, District Etawah."

3. It appears from the records that the petitioner has already represented
the matter to the respondent nos.3 and 4 vide representation dated
20.03.2026 and 07.05.2026 which are still pending consideration.

4. Learned Standing Counsel submits that he has no objection in the event
this petition stands disposed of with a direction to the respondent nos.3
and 4 to look into and consider the grievance of the petitioner and pass
appropriate order strictly in accordance with law.
                                                                                         WRIC No. 38639 of 2026
                                                                  2


                                    5. In view of the above, this petition stands disposed of with a direction
                                    that respondent nos.3 and 4 shall consider the grievance of the petitioner
                                    raised in his representations and decide the same within a period of one
                                    months from the date of receipt of certified copy of this order.

                                    6. Needless to add that the order to be passed by the competent authority,
                                    as directed herein above, shall be reasoned and speaking one.



                                                                      (Garima Prashad,J.) (Ajit Kumar,J.)
                                    September 24, 2026
                                    Kuldeep




Digitally signed by :-
KULDEEP SINGH
High Court of Judicature at Allahabad


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