Satpal v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.12158 of 2015 Date of Decision: April 25, 2016 Satpal ....Petitioner versus State of Haryana and others .....Respondents CORAM:HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE A.B.CHAUDHARI.

--- Present: Mr.A.S.Sullar, Advocate, for the petitioner. Mr.Amar Vivek, Additional AG, Haryana.

-.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The instant writ petition has been filed challenging the Wardbandi (delimitation of wards) carried out for the election of Nagar Parishad, Narwana (P-7). The precise case of the petitioner is that mandatory procedure contemplated under the Statute or the Rules framed thereunder for conducting physical survey of the area before finalization of the voter list, was not followed, hence, the exercise of wardbandi is ex-facie illegal. The record reveals that the controversy regarding ward-bandi (delimitation of wards) was carried out before the expiry of term of the Municipal Council on 20.06.2015. Thereafter, it further appears that the voter list was further revised for the purpose of Gram Panchayat elections which have since been held. The Municipality elections are likely to

CWP No.12158 of 2015 [2] be held in near future. We have no reasons to doubt that while preparing the ward-bandi (delimitation of wards) and consequently, preparing the voter list for ensuing Municipality elections, the grievance of the petitioner would be effectively redressed. The elections are yet to be held. We thus dispose of this writ petition with a direction to the Director, Local Government, Haryana and the Deputy Commissioner, Jind to call for the records, hear the petitioner as well as other stake holders, consider the petitioner's objections dated 25.02.2015 and take an appropriate decision in accordance with law, well in advance before the elections of Municipal Council, Narwana are held.

Ordered accordingly.

Let a copy of this order be given dasti to Mr.Amar Vivek, learned Additional Advocate General, Haryana, for information and necessary compliance.

[SURYA KANT] JUDGE April 25, 2016 [A.B.CHAUDHARI] mohinder JUDGE

CWP No.12158 of 2015 [3] CM No.4356 of 2016 in CWP No.12158 of 2015 - - - Satpal versus State of Haryana and others ---- Present : Mr.A.S.Sullar, Advocate, for the applicant-petitioner.

* * * Notice to the Advocate General, Haryana.

On our asking, Mr.Amar Vivek, learned Additional Advocate General, Haryana, accepts notice.

With the consent of learned counsel for the parties, the main case is taken on Board for final disposal. CM stands disposed of.

(SURYA KANT) JUDGE April 25, 2016 (A.B.CHAUDHARI) mohinder JUDGE