Deen Mohammad And ANR. v. State Of Haryana And ORS.

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.23062 of 2015 Date of Decision: October 30, 2015 Deen Mohammad 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: Ms.Ramandeep Kaur, Advocate, for Mr.Vikram Singh, 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 husband and wife respectively. They are stated to be residents of village Rojka Mew, Tehsil MOHINDER KUMAR 2015.11.03 11:43 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.23062 of 2015 [2] Nuh, District Mewat. Relying upon several documents including voter cards etc., they have resented against deletion of their names from the revised voter list on the basis of which the ensuing Gram Panchayat elections are to be held. The first petitioner in fact intends to contest the election of Sarpanch. It appears that they represented the authorities on 29.08.2015, 01.10.2015 and 01.10.2015 (P-4, P-5 & P-6, respectively) for inclusion of their names in the voter list but finding no response, the instant writ petition has been filed. It may be true that there is delay on the part of the petitioner.

However, if the authorities are satisfied that they are bonafide residents of village Rojka Mew as their names were duly included in the voter list prepared for the elections to the State Legislative Assembly held in the year 2014 and if there is no other legal impediment, we see no reason to deprive them from their right to franchise. Since as of now elections of Gram Panchayats stand postponed, let respondent Nos.3 & 4 consider the above-mentioned claim of the petitioners and take a decision before the Gram Panchayat elections are held.

The writ petition stands disposed of accordingly. Let a copy of this order be given dasti to Ms.Kirti Singh, learned Deputy Advocate General, Haryana, for information and necessary compliance.

[SURYA KANT] JUDGE October 30, 2015 [P.B.BAJANTHRI] mohinder JUDGE MOHINDER KUMAR 2015.11.03 11:43 I attest to the accuracy and authenticity of this document Chandigarh