Appeal against the dismissal of a writ petition seeking mandamus for timely decision on inclusion of names in the electoral roll. The petition was dismissed due to its basis in misleading assertions regarding pet. no.6.
Petition dismissed with liberty to seek remedy before such other forum as may be advised.
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Court No. - 21
Case :- WRIT - C No. - 39681 of 2022
Petitioner :- Mahesh Kumar And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shri Krishna Mishra,Ajay Mishra Counsel for Respondent :- CSC,Tarun Agrawal
Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.
The prayer made in the instant petition is for a mandamus directing the respondents to decide the application of the petitioners dated 13.12.2022 within stipulated time. The said prayer is made on the premise that the application filed the petitioners for inclusion of their names in the electoral roll of Nagar Palika Parishad Loni stood allowed.
On query made by the Court from the counsel for the petitioner as to existence of any order in this regard in favour of petitioner no.6, he is unable to show any order and states that her name came to be mentioned as a co-petitioner by inadvertence, which we are not ready to accept. As the petition is based on misleading assertions, we decline to exercise writ jurisdiction.
The petition is dismissed with liberty to the petitioners to seek remedy before such other forum as may be advised.
Order Date :- 23.12.2022 SK
(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)
Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad
3 issues framed by the court
Whether the High Court can exercise writ jurisdiction when the petition is based on misleading assertions.
Whether to grant a mandamus directing the respondents to decide the inclusion of names in the electoral roll within stipulated time.
Whether the inadvertent co-petitioner status of one petitioner invalidates the petition's basis.
Mahesh Kumar And 6 Others
State Of U.P. And 3 Others
Manoj Kumar Gupta
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
