The Allahabad High Court has directed the Chief Election Commissioner, central and state governments to file their replies on a writ petition raising an issue with regard to the rights of the newly-elected Block Development Commeettee (BDC) members to vote in coming MLC's election from local bodies constituencies in Uttar Pradesh.
The HC's Lucknow bench of justice Amreshwar Pratap Sahi and justice Attau Rahman Masoodi gave this order on Friday on a petition filed by Akhil Bhartiya Panchayat Pratinidhi Mahasangh through its Chairman.
The court permitted the counsel for the petitioner to implead the Union of India and the state of UP as respondents and issued notices to them.
The election is scheduled to be held on March 3, 2016.
The petition contended that as per section 27 of Representation of the People(RP) Act, 1950, the right to vote in this election cannot be taken away but they are being prevented from the same on the ground that the tenure of the existing BDC members is yet to expire (on March 17, 2016) and, therefore, it is they who will have the right to vote.
The petitioner's lawyer submitted that the right to participate in the proceedings of the local body may commence with the holding of the first meeting but at the same time the right to vote emanates from section 27 of RP Act,1950.
An objection had been raised by the respondents - the Chief Election Commissioner and others that if the very functioning commences from the first day of meeting as per section 8 of the UP Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961,the members of the petitioner association who are newly- elected members after delimitation cannot be permitted to vote in the said election.
"Let a counter affidavit ( reply ) be filed by all the respondents expeditiously as the elections are to be held shortly. List the petition on 2.3.2016", the court ordered.
