Raj Kishore Pal and Others vs State of U.P. and Others

Rakesh Tiwari, J.—Heard learned Counsel for the parties and perused the record.

The petitioners were initially appointed as Part Time Tube-well Operators in the department of Minor Irrigation. Subsequently, petitioners'' services were regularized as whole time Tube-well Operators.

In view of forthcoming general election of Panchayat in the year 2010 a direction has been issued for revision of electoral rolls of Panchayat by the State Election Commissioner, Lucknow. The petitioners who were posted at Tahsil Sadar Banda were informed by Tahsildar, Tahsil Sadar Banda, in pursuance of the letter dated 20.8.2009 to make their presence on 22.8.2009 at 10.00 a.m. in Tahsil campus for receiving the material related with the revision of electoral roll and completion of other formalities like identity card etc. for this purpose.

The petitioners and other moved representation dated 21.8.2009 before the Executive Engineer, Nalkoop Khand, Banda for exempting them from the work of preparation of electoral roll and for permitting them to work only as Tube-well Operators at their posting places. The letter dated 24.8.2009 was also sent from the Head Office of Sichai Sangh Uttar Pradesh at Lucknow to the District Magistrate, Banda requesting therein to permit the petitioners to work as Tube-well Operators only at their respective places of posting.

The contention of the petitioners is that the Executive Engineer, Nalkoop Khand, Banda has also issued letter dated 28.8.2009 to the Tahsildar Sadar, Banda stating therein that in case the work of preparation of electoral roll is also given to the petitioners, the work of irrigation department would suffer and it will not be in the interest of public at large, particularly farmers, as such the petitioners may be exempted from the work of preparation of electoral roll. It is urged by the petitioners that the petitioners are being forced to comply with the order dated 25.6.2009 for preparation of electoral roll.

An election is democratic process by which democratically elected candidate resumes office for welfare of every citizen. Every person cannot be given responsibility of preparation of electoral roll. This work can only be taken by Government employees.

There is no data provided in the writ petition as to how many Tube-wells have failed due to which the work of the petitioners are required as Tube-well Operators. The tube-wells cannot be operated because shortage of electricity hence services of the petitioners can be utilized and in any case the Executive Engineer, Nalkoop Khand, Banda has no authority to recommend for exemption of the petitioners from taking the work of electoral roll.

In the circumstances, the Court is of the view that the order dated 25.6.2009 passed by State Election Commissioner, Lucknow, who is appropriate authority to pass such order, is correct and to be carried out unless and until the same is set aside by the competent court.

In view of the above, this Court is not inclined to interfere in the matter exercising its discretionary jurisdiction Under Article 226 of the Constitution of India.

The writ petition is, accordingly, dismissed. No order as to costs.