Hon’ble Virendra Singh, J.—In these two writ petitions, the petitioners have prayed for a writ, order or direction in the nature of mandamus directing the respondents to correct the impugned electoral roll for Panchayat Election 2010, Amilo by deleting the names of 142 illegal voters from electoral roll published on 20.2.2010 and further for a writ in the nature of mandamus directing the respondents to fix the polling centre/polling booths at 163 Junior High School, Amilo for Panchayat Election 2010 thereby cancelling the polling centre/polling booth at Primary School, Amilo, which is adjacent to the house of respondent No. 9 Vijay Kumar Mishra.

2. We have heard Sri V.S. Singh, Sri M.D. Singh Shekhar Senior Advocate, Sri S.C. Tiwari learned counsel for the petitioner, Sri Sashi Nandan, learned Senior Counsel alongwith Sr. R.K. Shukla, V.P. Shukla appearing for private respondent No. 9 and learned counsel Sri Rangnath Pandey, Sri Satyendra Kumar Singh and learned Standing Counsel for State respondents.

3. On behalf of the petitioner it is submitted that for the purpose of Panchayat Election 2010, a news was published on 20.12.2009 for filing the objections against the publication of electoral roll in draft under Rule 8 of U.P. Panchayat Raj (Registration of Electors) Rules 1994. The objections had to be filed from 28.12.2009 to 3.1.2010. Within that period, objections against 117 wrongly recorded voters in the electoral roll of Village Panchayat, Amilo were filed on prescribed proforma by the petitioner but due to undue political pressure made by respondent No. 9, no enquiry was made in this regard and the electoral roll was published on 20.2.2010 without considering and deciding the objections raised by the petitioner and other persons of the village concerned which is wholly illegal and arbitrary.

4. The petitioner filed appeal under Section 21-A(1) against the impugned electoral roll dated 20.2.2010 promptly on 22.2.2010 before respondent No. 4 District Election Officer/District Magistrate, Allahabad, but nothing is done in the said appeal till the date of filing the writ petition by the authorities concerned. As per knowledge of the petitioner, on the other hand, any time, the notification for Panchayat Election 2010 is likely to be issued and the claim of the petitioner shall become infructuous and therefore the petitioner has no other option except to approach this court by way of the present writ petition.

5. It is also submitted by the petitioner that change of the polling centre/polling booth to Primary School, Amilo which is adjacent to the house of respondent No. 9, who is the sitting Pradhan elected in Panchayat Election 2005 is managed for its misuse by the sitting Pradhan while, there is another school I.e, 163 Junior High School Amilo and another second building of Junior High School Amilo situated to the east side of main building having big halls suitable for polling booth/polling station, wherein Lok Sabha Election 2009 was very peacefully conducted.

6. On behalf of respondent No. 9, it is submitted that Rule 9 of U.P. Panchayat Raj (Registration of Electors) Rules 1994 provides the claims to inclusion of names in the roll of territorial constituency of a gram panchayat. Rule 10 provides the objection to entries in the roll. Rule 11 provides the period of lodging claims and objections and Rule 12 provides the particulars regarding claims and objections. Similarly, as per Rule 6 of U.P. Panchayat Raj (Election of Members and Pradhans) Rules 1994 provides the polling places stating therein that the Nirvachan Adhikari shall with the previous approval of the DM specify the polling places for each constituencies. Sarju Prasad and Other persons of different community of Gram Panchayat Amilo, had represented stating that in the earlier assembly elections and in the panchayat elections, the polling station of the SC/ST Community/Patel-Mushahra Community was in the Primary School, Amilo and on the enquiry made