Amit & ANR v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.21131 of 2015 Date of Decision: October 05, 2015 Amit and another ....Petitioners versus State of Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

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

Present: Mr.A.K.Chauhan, Advocate, for the petitioners. Mr.Anil Mehta, 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.

On our asking, Mr.Anil Mehta, learned Deputy Advocate General, Haryana, accepts notice on behalf of the respondents.

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 the respondents at this stage.

The petitioners belong to Scheduled Castes and Backward Class communities and are voters in village Dahar, Tehsil Israna, District Panipat. Their grievance is against the location of polling booth Nos.152, 153 and 155 which are said to have been located in gross violation of the Instructions/ MOHINDER KUMAR 2015.10.06 15:01 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.21131 of 2015 [2] Policy-guidelines dated 08.09.2014 issued by the State Election Commission.

The site-plan (P-1) has also been placed on record to substantiate the petitioners' plea that the Panchayat Bhawan and Primary School where above-mentioned booths have been shifted, are far away from the residential area of their communities.

Be that as it may, we find that the State Election Commission has written twice to the Deputy Commissioner, Panipat to appropriately redress the petitioners' grievances but the said Authority appears to have not taken care of those recommendations despite the clear guidelines contained in para (v) of the Instructions dated 08.09.2014 (P-2). We thus dispose of this writ petition with a direction to the Deputy Commissioner, Panipat, to redress the petitioners grievances forthwith and send a compliance report to the State Election Commission within one week. Let a copy of this order be given dasti to Mr.Anil Mehta, learned Deputy Advocate General, Haryana, for information and necessary compliance.

[SURYA KANT] JUDGE October 05, 2015 [P.B.BAJANTHRI] mohinder JUDGE MOHINDER KUMAR 2015.10.06 15:01 I attest to the accuracy and authenticity of this document Chandigarh