Arun v. State Of Haryana And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Date of decision 11.05.2022 Arun ....Petitioner Vs.
State of Haryana and others
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI HON'BLE MR. JUSTICE ASHOK KUMAR VERMA
Present:
Mr. Sunil Polist, Advocate for the petitioner.
Mr. Ankur Mittal, Addl.A.G, Haryana with Mr. Saurabh Mago, AAG, Haryana for respondent Nos. 1 and 3.
Mr. B.R. Mahajan, Sr. Advocate with Mr. Ankur Mittal, Advocate with Ms. Kushaldeep Kaur, Advocate and Mr. Shivam Garg, Advocate for respondent No. 4 *** Ritu Bahri, J. (Oral) The present petition is for quashing of voter list dated 01.01.2021 (P-3) of ward No. 15 (Kaithal) and further prayer is for issuance of direction to the respondents to decide the objection dated 01.03.2022 (P4) and to correct voter list dated 01.01.2021 (P-3) of ward No. 15 (Kaithal). On 04.04.2022, learned State counsel sought time to get instructions with respect to letters dated 10.03.2022 and 16.03.2022 (P-5 and P-6). Today, learned State counsel on instructions from Mohan Lal, Secretary, Municipal Council, Kaithal has informed the Court that petitioner had sent the objections dated 01.03.2022 (P-4) to the Member of Legislative
Assembly, Kaithal and State Election Commission, who vide letter dated 16.03.2022 (P-6) further sent the same to D.C. Kaithal. The petitioner also sent one copy to the State Election Commission, vide e mail dated 14.03.2022.
Learned State counsel has informed the Court that pursuant to letter dated 16.03.2022 (P-6), a decision has already been taken by the Deputy Commission by rejecting the objection of the petitioner being time barred after giving him opportunity of hearing, vide letter dated 22.04.2022. Reference has further been made to a judgment of this Court in a case of Dharmendra Vats and another vs. State of Haryana and ors, passed in CWP No. 16264-2021, decided on 24.08.2021 whereby also the petitioner was seeking quashing of impugned voter list (P-3) but the writ petition was dismissed as it was filed at a very belated stage and further on the ground that the impugned voter list has been issued after deciding 1200 objections.
In the present case as well, the petitioner has to file the objections before the revising authority from 18.02.2022 till 24.02.2022 and in case after dismissal of his objection from revising authority, he had the remedy to file an appeal before the Deputy Commissioner from 04.03.2022 to 08.03.2022. But now the objections of the petitioner has been decided on 22.04.2022 after giving him opportunity of hearing. The final draft notification was issued on 16.03.2022.
Learned State counsel has further informed the Court that total 1647 objections were received, pursuant to the draft notification dated 18.02.2022 and out of 1647 objections, 1405 objections were accepted by
the Revising Authority and 242 objections were rejected. Thus, the proceedings have been followed in accordance with law and at this stage, no ground is made out for quashing of voter list dated 01.01.2021 (P-3) of ward No. 15 (Kaithal) No merits.
Dismissed.
(RITU BAHRI) JUDGE 11.05.2022 (ASHOK KUMAR VERMA) G Arora JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No