Hon’ble Anil Kumar,J.—Heard Sri Umesh Chandra, Senior Advocate assisted by Sri Murli Manohar Srivastava, learned counsel for the petitioner, learned Standing Counsel and Sri Sanjay Sarin and Sri R.N. Gupta on behalf of the respondents.2. By means of the present writ petition, petitioner has challenged the Electoral list (Annexure-1) villages as forest village (Van Gram) namely Bichiya Bazar, forest village Bichiya Gaon, forest village Bhawanipur, Kartaniya Ghat of District Behraich (Annexure-1)3. Factual matrix of the present case as submitted by Sri Umesh Chandra, Senior Advocate, learned counsel for the petitioner while assailing the said electoral list (Annexure-1) are that the persons whose name find place in the forest village (Van Gram) Bichiya Bazar, forest village Bichiya Gaon, forest village Bhawanipur, forest village Kartaniya Ghat of District Behraich (hereinafter referred to as the villages in question), are not village or Gaon as per the definition of village as provided under Section 2(t), of U.P. Panchayat Act, 1947 (hereinafter referred to as the Act). The said villages are not revenue villages as per the revenue records of the district.4. He further submits that as per the definition of ‘Village’ under Section 2(t) of the Act, it is any local area, recorded as a village in the revenue records of the district in which it is situate, and includes any area which the State Government may, by general or special order, declare to be a village for the purpose of this Act. Moreover, as per Section 2(g) of the Act “Gram Sabha” means a body, established under Section 3, consisting of persons registered in the electoral rolls relating to a village comprised within the area of a Gram Panchayat. But to the knowledge of the petitioner the State Government has not included said forest villages (Van Gram) Bichiya Bazar, forest vilalge Bichiya Gaon, forest village Bhawanipur, forest village Kartaniya Ghat in Gram Panchayat Bishunapur, Behraich.5. Sri Umesh Chandra, further submits that as per the Section 9 of the Act, Electoral Roll for each territorial constituency of Gram Panchayat shall be prepared in accordance with the provisions of the Act and the rules made thereunder, in the superintendence, direction and control of the State Election Commission. But the impugned additional electoral roll (Annexure-1) in the instant case has been prepared without verifying the fact that the persons whose names have been added from serial No. 2122 to 3088 are not residents of territorial constituency of Gram Panchayat Vishunapur.6. It is also submitted on behalf of the petitioner that Section 11(F) of the said Act lay down the provisions for declaration of panchyat area and as per this section the State Government may, by notification, declare any area comprising of village or a group of villages, having so far as practicable, a population of one thousand to be Panchayat area for the purposes of said Act. Further the sub-section 2 of the Section 11(F) related in respect of modifying the area of any Panchyat area by including therein or excluding there from any area of a village or group of villages. Moreover, till date no notification has been issued by State Government altering election Panchayat area of Gram Panchayat Bishunapur. The aforesaid forest villages have not been included in the said gram Panchayat. So, the impugned action on the part of respondents, including the names of the persons in the Gram Panchayat Bishunapur, who are residents of aforesaid forest villages, which do not form part of the Panchayat area of Gram Panchayat Bishunapur, is illegal and arbitrary and against the provisions of law.7. Learned counsel for the petitioner has submitted that the State Election Commission has already finalized the voter list of the village Panchyat Bishunapur on 22.07.2010. But later on some of the persons who are resident of forest village Bhawanipur preferred a representation before the District Magistrate, Nanpara, Behraich and Click Here to Read the rest of this document