Smt. Ragini Devi v. Chhattisgarh State Election Commission

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 48 of 2016 • Smt. Ragini Devi Soni W/o Dhruv Kumar Soni, Aged About 40 Years At Present R/o Shantipara, Ward No. 9, Bhilai - 03, Charoda, District Durg ( Chhattisgarh ) ---- Petitioner

Versus

1. Chhattisgarh State Election Commission Through : The Secretary, Office At Near D. K. S. Bhawan ( Old Mantralaya ) Raipur, District Raipur ( Chhattisgarh )

2. District Election Officer, Office Collector & District Election Officer ( Local Election ) District Durg ( Chhattisgarh )

3. Assistant Registration Officer, Municipal Corporation Bhilai - Charoda, District Durg ( Chhattisgarh )

4. Additional Collector & Appellate Authority, Municipal Corporation Bhilai - Charoda, District Durg ( Chhattisgarh ) ---- Respondents For Petitioner :

Shri Praveen Dhurandhar, Advocate For Respondents-State :

Shri AS Kachchwaha, Addl. AG for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 17/11/2016

1. Petitioner's application for adding her name in the voter list of Shantipara Ward No.9, Bhilai-Charoda Municipal Corporation, has been rejected by the Registration Officer as well as the appellate authority on the ground that the petitioner's name is already included in the voter list of Ward No.37, Durg Municipal Corporation Area, therefore, her name cannot be included twice in the voter list of different municipal corporations.

2. It is argued that petitioner's application Annexure P-4 & P-7 for deletion of

her name from the electoral list of Ward No.37, Durg Municipal Corporation is pending consideration before respondent No.2 District Election Officer, Office Collector & District Election Officer ( Local Election ) District Durg.

3. On perusal of the applications it is revealed that Annexure P-4 was returned to the petitioner directing her to present the same before the Local Election Branch of the Collectorate, whereas Annexure P-7 is addressed to the Registration Officer, Municipal Corporation Durg.

4. It appears, the petitioner has not submitted the application for deletion of her name from the electoral list of Ward No.37, Municipal Corporation Durg in the manner and before the authority prescribed in law. The petitioner should have moved the application before the District Election Officer (Local Election), District Durg for deletion of her name from Ward No.37, Durg Municipal Corporation.

5. Let the petitioner move such application before respondent No.2, who shall decide the same within 15 days from the date of submission of application. Depending upon the outcome of the application, the petitioner may move fresh application for addition of her name in the voter list of Shantipara Ward No.9, Municipal Corporation, Bhilai-Charoda.

Sd/- Judge Prashant Kumar Mishra Ashu