IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 1412 of 2008 Smt. Kamla Joshi, W/O Sri Raju Joshi, R/O Village Khetal Sanda Kham, Tehsil Khatima, District Udham Singh Nagar. …….. Petitioner. Versus State of Uttarakhand through the Secretary Uttarakhand Government, Dehradun and two others. … Respondents. Sri R.S.Sammal, learned counsel for the petitioner. Sri K.P.Upadhyay, learned Additional C.S.C. for the State respondents no. 1 and 2. Date August 12, 2008. Hon’ble B.S. Verma, J. Heard Sri R.S.Sammal, learned counsel for the petitioner and Sri K.P.Upadhyay, learned Additional Chief Standing Counsel for the State-respondents No. 1 and 2 and perused the record. This writ petition has been filed for issue a writ, order or direction in the nature of mandamus directing the respondents to include the name of the petitioner in the list of candidates to the office of the membership of Kshettra Panchayat Khetal Sanda Kham, within Block Khatima. According to the petitioner, she is a permanent resident of village Khetal Sanda Kham, Block Khatima, district Udham Singh Nagar. The name of the petitioner is included in the electoral roll of Khetal Sanda Kham Kshetra Panchayat Khatima and she is entitled to vote at any election thereto and is eligible for election to the membership of Kshetra Panchayat. The grievance of the petitioner is that there is apprehension to her that the Returning Officer shall cancel the nomination from of the petitioner for election to the membership in the Kshetra Panchayat constituency Khetal Sanda Kham, Block Khatima (Udham Singh Nagar) on the basis of objection raised by respondent no.3 that the name of the petitioner is also included in the electoral roll of Nagar Palika Parishad Khatima. There is no written order to reject the nomination of the petitioner. The only apprehension of the petitioner is that the Returning Officer is going to reject the nomination of the petitioner on the ground that her name is entered in two electoral rolls, while the petitioner has applied on 25-07-2008 to delete her name from the electoral roll of Nagar Palika Parishad Khatima. The application filed by the petitioner was received by some official vide Annexure No.8 to the writ petition. If the nomination of the petitioner is found in accordance with the Rules or otherwise, the same shall be either accepted or rejected. The petitioner may raise this plea that she had already applied for deletion of her name from the electoral roll of Nagar Palika Parishad Khatima vide Annexure No.8 before the Returning Officer at the time of scrutiny of nomination papers. The election is in process. The relief sought for by the petitioner is only within the domain of the returning officer. In the facts and circumstances of the case, the writ petition is devoid of merit and is liable to be dismissed outright at the admission stage. With the above observation, the writ petition is dismissed in limine. (B.S. Verma, J.) RCP