Panna Lal & ORS. v. State Of Haryana & ORS.

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.16680 of 2015 Date of Decision: August 13, 2015 Panna Lal and others .....Petitioners versus State of Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE JASPAL SINGH.

Present: Mr.Yogesh Saini, Advocate, for the petitioners. Ms.Kirti Singh, DAG, Haryana.

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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) Notice of motion.

On our asking, Ms.Kirti Singh, learned Deputy Advocate General, Haryana accepts notice on behalf of the respondents.

Let three copies of the writ petition be supplied to the State counsel during the course of day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non-prosecution. In view of the nature of order which we propose to pass, it is not necessary to seek any counter-reply from the respondents at this stage.

The petitioners claim themselves to be residents of village Chhadia Yusufpur, Tehsil Samalkha, District Panipat. It is their case that in the last Assembly elections their names were MOHINDER KUMAR 2015.08.19 12:00 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.16680 of 2015 [2] duly included in the voter list of village Chhadia Yusufpur, however, some persons who are nursing grudge against them made a complaint whereupon efforts are being made to shift the names of petitioners from the voter list of village Chhadia Yusufpur to village Chulkana. The petitioners, therefore, seek a writ of prohibition to restrain the 2nd respondent from shifting their names from village Chhadia Yusufpur to village Chulkana. In addition, they also seek a direction to afford them opportunity of hearing before any decision is taken.

Having heard learned counsel for the petitioners and the State counsel, we dispose of this writ petition, however, without expressing any views on the allegations of the petitioners, with a direction to the State Election Commission, Haryana, that if any complaint for shifting the names of petitioners from village Chhadia Yusufpur to village Chulkana is under consideration, no decision be taken on that complaint without hearing the petitioners and whatever proof the petitioner shall produce, that may be taken in to consideration.

Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE August 13, 2015 [JASPAL SINGH] mohinder JUDGE MOHINDER KUMAR 2015.08.19 12:00 I attest to the accuracy and authenticity of this document Chandigarh