Suresh Kumar And ORS v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.20274 of 2015 Date of Decision: September 23, 2015 Suresh Kumar and others .....Petitioners versus State of Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE P.B.BAJANTHRI.

Present: Mr.Yogesh Chaudhary, Advocate, for the petitioners. Ms.Kirti Singh, Deputy Advocate General, 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) Notice of motion to respondent Nos.1 to 4 only at this stage.

On our asking, Ms.Kirti Singh, learned Deputy Advocate General, Haryana, accepts notice on their behalf. Let four 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 respondent Nos.1 to 4 or to serve respondent No.5 at this stage as no order prejudicial to his interest is being passed. The petitioners are residents of village Bastli, Block Nissing, District Karnal. Their grievance is against the final voter list published on 27.07.2015 allegedly without MOHINDER KUMAR 2015.09.28 12:09 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.20274 of 2015 [2] considering their objections which they submitted firstly to B.D.P.O., Nissing (P-1) and then to the Deputy Commissioner, Karnal on 15.04.2015 (P-2) followed by the representations dated 05.07.2015 (P-3), 20.07.2015 (P-5) and 22.07.2015 (P-6). We are informed that the order finalizing the voter list can be effectively appealed before the S.D.O.(Civil) and/or the Deputy Commissioner who is the District Election Officer. Since the petitioners are alleging non-compliance of principles of natural justice and/or non-consideration of their objections which are based on facts and figures, we dispose of this writ petition with a direction that let representations-cum-complaints submitted by the petitioners be treated as an appeal against the final voter list said to have been published on 27.07.

2015 and be decided in accordance with law by passing a reasoned order and after hearing the petitioners in representative capacity or through their counsel. The decision shall be taken by the S.D.O.(Civil) or the Deputy Commissioner, Karnal, as the case may be, within 10 days from the date of receiving a certified copy of this order. Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE September 23, 2015 [P.B.BAJANTHRI] mohinder JUDGE MOHINDER KUMAR 2015.09.28 12:09 I attest to the accuracy and authenticity of this document Chandigarh