Allahabad High Court
MOBIN KHANversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- VINOD DIWAKAR
Holding
Since the requested replacement of the Booth Level Officer has already been effected, the petition stands disposed without further adjudication.
Summary
The petitioner, Mobin Khan, filed a writ petition seeking a mandamus directing the State to appoint a new Booth Level Officer (BLO) at Village Panchayat Mewa Sharfapur to prepare a clean voter list following a revenue inspector's report. The petition was based on a complaint alleging irregularities in the preparation of the electoral roll. The respondents argued that the grievance no longer existed because the concerned BLO had already been replaced and that the petitioner could approach the newly appointed BLO or the Block Development Officer for any remaining issues. The court examined the submissions and noted that the primary relief sought—replacement of the BLO—had already been effected. Consequently, the court found no further cause of action and disposed of the petition, while directing that any residual grievance be addressed through the appropriate administrative channels. The court also ordered that the written instructions from the standing counsel be provided to the petitioner’s counsel.
Issues considered
- Whether a writ of mandamus for the replacement of a Booth Level Officer is maintainable when the officer has already been replaced
- Whether the petitioner has an alternative statutory remedy to address grievances concerning the electoral roll
Subjects
- electoral rolls
- Booth Level Officer
- mandamus
- writ petition
- alternative remedy
- election law
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 6474 of 2026
Mobin Khan
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Kumar Tiwari, Ranjeet Singh
Counsel for Respondent(s) : C.S.C., Satendra Kumar Singh
Court No. - 37
HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel
appearing for the State-respondents and perused the material on record.
2. The present writ petition has been instituted seeking issuance of a writ,
order or direction in the nature of mandamus commanding the respondents
to appoint another Booth Level Officer (BLO) in place of the existing BLO
at Village Panchayat Mewa Sharfapur, Block Bhuta, Tehsil Faridpur,
District Bareilly to conduct neat and clean panchayat election through fresh
and clear voter list in pursuance of the report dated 24.11.2025 submitted by
the Revenue Inspector, Tehsil Faridpur, District Bareilly, which was
prepared on the complaint dated 18.10.2025 preferred by the petitioner.
3. Learned Standing Counsel, on the basis of written instructions received
from the competent authority, submits that the grievance raised in the writ
petition does not survive for consideration inasmuch as the concerned Booth
Level Officer, against whom allegations were levelled, has already been
substituted/replaced by a newly appointed officer. It is further submitted that
in case the petitioner still has any subsisting grievance with regard to
preparation of electoral rolls or conduct of election, he has an efficacious
alternative remedy to approach the newly appointed BLO and/or the Block
Development Officer concerned, who are under a statutory obligation to
address such grievances in accordance with law. It is thus contended that no
cause of action survives in the present petition.
4. Having considered the submissions advanced by learned counsel for the
parties and upon perusal of the instructions placed before this Court, it
WRIC No. 6474 of 2026
2
transpires that the principal relief sought by the petitioner for replacement of
the Booth Level Officer, already stands effectuated. In such view of the
matter, no further adjudication is warranted in the present proceedings.
However, in order to safeguard the interest of the petitioner and to ensure
fairness in the electoral process, it is provided that in case the petitioner still
has any grievance regarding preparation or correction of the voter list, he
shall be at liberty to approach the newly appointed Booth Level Officer
and/or the Block Development Officer concerned by way of a
representation, which shall be considered and decided expeditiously, strictly
in accordance with law and applicable rules governing electoral rolls.
5. The writ petition, accordingly, stands disposed of with the aforesaid
liberty.
6. Let a copy of the written instructions furnished by the learned Standing
Counsel be supplied to the learned counsel for the petitioner during the
course of the day.
April 20, 2026
A. Tripathi
(Vinod Diwakar,J.)
Digitally signed by :-
AKHILESH TRIPATHI
High Court of Judicature at Allahabad
Checking your session…