HC seeks reply on new BDC members’ voting rights

THE ASSN MEMBERS CONTENDED THAT AS PER SECTION 27 OF THE RP ACT, ’50, THEIR RIGHT TO VOTE IN THIS POLLS CANNOT BE TAKEN AWAY

LUCKNOW: The Lucknow bench of the Allahabad high court has directed the chief election commissioner, the central and state governments to file their replies expeditiously on a writ petition on the right of the newly elected block development committee (BDC) members to vote in the forthcoming legislative election from the local bodies constituencies in UP.

A division 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 petitioner to implead the Union of India and the State of UP as respondents and issued notices to them, which shall be served by Monday. The election is scheduled to be held on March 3, 2016.

The members of the association contended that as per section 27 of the Representation of the People(RP) Act, 1950, their right to vote in this election cannot be taken away.

But the newly elected members were being prevented for the same onthe 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. 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 the meeting as per Section 8 of the UP Kshetra 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.