Subhash & ORS v. State Election Commissioner Haryana & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.21482 of 2015 Date of Decision: October 08, 2015 Subhash and others ....Petitioners versus State Election Commissioner, Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

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

Present: Mr.Amit Khatkar, 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.

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

Let six 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 are residents of village Pindara, Tehsil and District Jind. Their grievance is against the final voter list of their village in which, according to them, several irregularities have been committed. They allege that (i) while MOHINDER KUMAR 2015.10.12 14:42 I attest to the accuracy and authenticity of this document Chandigarh

CWP Nos.21482 of 2015 [2] some of the voters have been shifted to Municipal Council, Jind, other similarly placed persons have been retained in the Gram Panchayat area; (ii) the husband and wife who are voters at the same address, have also been segregated between the Municipal Council and Gram Panchayat; (iii) even the names of existing Panches of Gram Panchayat have been deleted from the electoral roll of the Gram Panchayat area; (iv) there is a list of voters which was ordered to be deleted from the electoral roll of the Gram Panchayat by another order purportedly passed by some other Officer, the same was revived. There is yet another order vide which such list was cancelled. On this premise, it is alleged that gross irregularities have been committed in preparation of the voter list.

Having heard learned counsel for the parties and keeping in view the nature of allegations, we are of the considered view that the matter requires attention of the Election Officer-cum-Deputy Commissioner, Jind. We, thus, dispose of this writ petition with a direction to respondent No.2-Deputy Commissioner, Jind, to consider the petitioners' representations [P-5 (colly.)] and take an appropriate decision as early as possible but before the Gram Panchayat elections. Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE October 08, 2015 [P.B.BAJANTHRI] mohinder JUDGE MOHINDER KUMAR 2015.10.12 14:42 I attest to the accuracy and authenticity of this document Chandigarh