Umesh Sahani And ORS v. Ambala Cantonmnet Board And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (Through video conferencing) CWP No.18242 of 2021 Date of Decision: 03.03.2022 UMESH SAHANI AND ORS ......Petitioners Vs AMBALA CANTONMNET BOARD AND OTHERS .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Mehak Sawhney, Advocate for the petitioners.

Ms. Ranjana Shahi, Advocate for the respondents.

**** RAJ MOHAN SINGH, J.(Oral) Present petition has been filed for the issuance of an appropriate writ, order or direction in the nature of mandamus directing the respondents to decide individual claims of the petitioners under Rule 13 of Cantonment Electoral Rules, 2007 for inclusion of name in the Electoral Roll for the year 2021-22 by passing a speaking order as provided under Rule 16(4) of Cantonment Electoral Rules, 2007 before Final publication of Electoral roll as per Rule 17(2) of Cantonment Electoral Rules,

 2007.

On 14.09.2021, at the time of issuance of notice of motion following order was passed by the Co-ordinate Bench of this Court:- "This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19.

It is submitted that objections filed by the petitioners have not been decided till date.

Notice of motion for 15.11.2021.

Publication of the final electoral roll, if any, shall remain subject to decision of this writ petition. (Lisa Gill) September 14, 2021 Judge rts"

Reply has been filed on behalf of the respondents. As per preliminary objection, the objection/claim to the electoral roll of Cantonment Board, Ambala has already been decided on 13.09.2021 by passing a speaking order.

Perusal of the aforesaid order dated 13.09.2021 would show that the effort made by the Cantonment Board, Ambala in order to serve the petitioner remained unfructified. Learned counsel for the respondents on instructions from the concerned quarter submits that validity of electoral roll of Cantonment Board, Ambala has already been expired on 01.03.2022. After decision of the objections raised by the

 petitioner, new list has to be prepared in accordance with law. Learned counsel for the respondents further submits that in case the petitioners come forward by way of documentary proofs at the time of preparation of new list, their cases will be considered in accordance with law. If they are found liable on the basis of documentation, their names will certainly be included in the electoral roll in accordance with law. In view of above, the present petition is disposed of. (RAJ MOHAN SINGH) March 03, 2022 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No