Hon’ble Ritu Raj Awasthi, J.—Heard Dr. L.P.Misra, for the petitioner, learned Chief Standing Counsel for respondent No. 1, Sri Raghvendra Singh, learned Senior Advocate for respondents No. 2 and 3 and Sri Sanjay Sareen for respondents No. 4 to 6.

2. This writ petition under Article 226 of the Constitution of India has been preferred by Smt. Ayesha challenging the order dated 2.12.2010, passed by the State Election Commission, U.P., hereinafter referred to as the Commission, by means of which her election as Member from Ward No. 19 of Zila Panchayat Bareilly has been cancelled and the election has been countermanded.

3. Initially, an order was passed by the Commission cancelling the election on 30.10.2010, but on a challenge being made to the said order by the petitioner, the said order was set aside by the High Court vide order dated 22.11.2010 after holding that the same was passed without affording any opportunity to the petitioner. The Court further directed that fresh order be passed after giving an opportunity to the petitioner. In pursuance of the directives aforesaid, the matter was reconsidered and fresh order, impugned in this petition, has been passed which again cancels the election in question.

4. There is no dispute that before the result of election of Member from Ward No. 19 of Zila Panchayat Bareilly could be declared and the required certificate of declaration of result could be issued, the Commission cancelled the election but of course after counting of votes was over, which showed that the petitioner had secured 9824 votes, which were the highest amongst all the contesting candidates.

5. The aforesaid election has been cancelled by the Commission on a complaint made by one Naushe Khan alleging that the petitioner was not the resident of Gram Panchayat Girdharpur, but was the resident of another Gram Panchayat and she got her name included in the voter-list by committing fraud and manipulations. In fact, the name of the petitioner was not recorded as voter in the original voter-list of village Girdharpur, Ward No. 19, Tahsil Baheri, District Bareilly. She moved an application allegedly on 15.9.2010 for inclusion of her name in the voter-list of village Girdharpur, Ward No. 19, on which application, report of the Area Lekhpal was obtained. On the said report of Area Lekhpal, the Tahsildar/Assistant Electoral Officer (Panchayat), Baheri passed an order for inclusion of the petitioner’s name in the voter-list. Thus, under the orders of the Assistant Electoral Officer, for which a corrigendum was issued, the name of the petitioner was included in the final voter-list on 23.9.2010.

6. The petitioner filed her nomination for the office of Member of Zila Panchayat, Bareilly from the said Ward on 25.9.2010 as per the election schedule, on which objections were invited by the Election Officer, and after scrutiny of nomination papers on 26/27.9.2010, her nomination was found intact and she was allotted the election symbol of “Rising Sun” on 28.9.2010. The election was held on 11.10.2010 and the counting of votes was carried on 28/29.10.2010.

7. Even before the counting of votes had started, a notice dated 20.10.2010 was issued by the Additional District Magistrate (Administration) to the petitioner, saying that her name was recorded in various voter-lists of district Bareilly and the family of the petitioner was residing at the address of Mohall Shailani, P.S.Baradari, District Bareilly and in this regard, the enquiry was going on, wherein the petitioner was required to submit her explanation by 26.10.2010 alongwith supporting documents. This notice, which was allegedly sent at the address of the petitioner’s father-in-law, was received on 26.10.2010 and the same day, the petitioner prepared a detailed reply to the said notice denying the allegations and submitted the same, but without considering her reply, the election was cancelled. As already observed, the said order was challenged and on remand being made