Allahabad High Court
PRADIP KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court directed the respondent to decide on the petitioner's request, based on the Lekhpal’s report, within three weeks.
Summary
The petitioner, a member of the Gram Panchayat of Sonsa in Etah district, sought to have voters of Wards 9, 13 and 15 shifted from the polling station at Uchh Prathmik Vidyalaya, Sonsa to the polling station at Janta Inter College, Parson. He filed a representation on 9 October 2025, which was forwarded to the Additional District Magistrate who ordered verification. The village accountant (Lekhpal) verified the facts and, on 27 October 2025, recommended the shift. Despite the recommendation, the respondent (the election authority) had not taken any decision. The petitioner filed a writ petition, and the High Court directed the respondent to decide either way, based on the Lekhpal’s report, within three weeks of the order.
Issues considered
- Whether the failure of the election authority to act on the Lekhpal’s recommendation constitutes a denial of the petitioner’s right to a fair and convenient polling arrangement.
- Whether the High Court can compel the election authority to take a decision within a specified time under its writ jurisdiction.
Subjects
- polling station
- representation
- election administration
- writ petition
- local self‑government
- administrative law
- Gram Panchayat
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 9238 of 2026
Pradip Kumar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Kumar Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 2
HON'BLE ATUL SREEDHARAN, J.
HON'BLE SIDDHARTH NANDAN, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for
the State-respondents.
2. The present writ petition has been filed by the petitioner who is a member
of Gram Panchayat Sonsa, Majara - Parson, Block - Sheetalpur, Tehsil and
District Etah. According to the petitioner, there are two polling stations in
the said Gram Panchayat. The first polling station is situated at Uchh
Prathmik Vidhyalay, Sonsa and second polling station is situated at Janta
Inter College, Parson.
3. The petitioner had moved a representation on 09.10.2025 to the
respondent no.2 praying for a change of the polling station of the voters of
Ward Nos.9, 13 and 15 and requested to shift the said voters with polling
station Janta Inter College, Parson, from polling station Uchh Prathmik
Vidhyalay, Sonsa. The representation of the petitioner dated 09.10.2025 was
forwarded by the respondent no.2 to the Additional District Magistrate, Etah
on 10.10.2025 for taking necessary action. The Additional District
Magistrate, Etah directed the Sub-Divisional Magistrate to verify the facts
and submit its report within seven days vide its order dated 14.10.2025.
4. Pursuant to the aforesaid direction, the Lekhpal verified the facts and
recommended to shift the voters of Ward Nos. 9, 13 and 15 from the first
polling station which is situated at Uchh Prathmik Vidhyalya, Sonsa to the
second polling station at Janta Inter College, Parson, vide his report dated
27.10.2025.
WRIC No. 9238 of 2026
2
5. Grievance of the petitioner is that notwithstanding report of the Lekhpal,
no decision has been taken by respondent no.3 till date.
6. Under the circumstances, the present writ petition is disposed of with
request to the respondent no.3 to take decision one way or other based upon
the report of Lekhpal dated 27.10.2025 within a period of three weeks from
the date of communication of this order.
March 19, 2026
rkg
(Siddharth Nandan,J.) (Atul Sreedharan,J.)
Digitally signed by :-
RAKESH KUMAR GAUTAM
High Court of Judicature at Allahabad
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