Satbir Singh & ORS v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 226 Civil Writ Petition No.14923 of 2015 (O & M) Date of Decision: August 18, 2015 Satbir Singh & others ..... PETITIONER(S)

VERSUS

State of Haryana & others ..... RESPONDENT(S) . . .

CORAM:

HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE JASPAL SINGH . . .

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? . . .

PRESENT: - Mr. R.D. Yadav, Advocate, for the petitioners. Ms. Kirti Singh, Deputy Advocate General, Haryana. Mr. S.K. Tripathi, Advocate, for respondent No.4. . . .

Surya Kant, J (Oral) 1.

The petitioners' claim themselves to be bonafide residents of village Gindokhar, Tenshil & District Rewari. It is stated that one of them infact remained Sarpanch of the village also. In the State of Haryana, voter-lists are being revised and new wards are being formulated in the villages keeping in view the ensuing gram panchayat elections.

2.

Respondent No.4 submitted objection against inclusion of petitioners' names in the voter-list of village Gindokhar, as according to him, AVIN KUMAR 2015.09.02 10:47 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh

CWP No.14923 of 2015 [2] petitioners are residents of Rewari city. Those objections have been accepted by the District Electoral Officer, who has, vide impugned order, deleted the names of petitioners from the voter-list of village Gindokhar. 3.

Learned State counsel as well as the counsel representing respondent No.4 are right in contending to the extent that petitioners are required to produce credible proof of their being bonafide residents of the village. Petitioners, in this regard, rely upon documents (P-1 to P-6) namely, Ration Card and Bank Accounts etc. Petitioners have further contended that as soon as their names are restored in the voter-list of village Gindokhar, they have no objection against deletion of their names from the voter-list of Rewari, for which they have already requested in writing (P-7 and P-8).

4.

In view of above stated fair stand taken by the parties, we dispose of this writ petition with a direction to respondent Nos.2 and 3 to hold a fresh fact finding enquiry and consider various documents relied upon by the petitioners. If it stands proved that the petitioners qualify to be included in the voter-list of village Gindokhar, needless to say that their names shall be restored well in advance before the gram panchayat elections, subject to further direction that their names shall simultaneously stand deleted from the voter-list of Rewari town. 5.

Dasti.

(Surya Kant) Judge (Jaspal Singh) August 18, 2015 Judge avin AVIN KUMAR 2015.09.02 10:47 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh