Dalmiya And ORS v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.26885 of 2015 Date of Decision: December 22, 2015 Dalmiya 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.S.S.Khard, 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 Jaun-I, Tehsil and District Sonepat. They belong to reserved community. The post of Sarpanch in village Jaun-I, namely, in their village is also reserved. They allege that with a view to MOHINDER KUMAR 2015.12.23 12:58 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.26885 of 2015 [2] deprive them from participating in the election or from contesting the election of Sarpanch, their votes have been shifted to village Jaun-II though they are voters of village JaunI since the year 2009. The aggrieved petitioners submitted various complaints-cum-representations dated 1.4.2015 (P-1), 26.5.2015 (P-2), 29.5.2015 (P-3), 15.6.2015 (P-5) and 24.6.2015 (P-6) but finding no response, the instant writ petition has been filed.

Having heard learned counsel for the parties and considering the nature of relief sought, coupled with the allegations made in the petition, we dispose of this writ petition without expressing any views on merits, with a direction to the Deputy Commissioner-cum-District Election Officer, Sonepat to consider the above mentioned complaints and/or entrust the same to the Prescribed Authority who shall then decide the same after hearing the petitioners in a representative capacity, within a period of one week from the date of receiving a certified copy of this order. Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE December 22, 2015 [P.B.BAJANTHRI] mohinder JUDGE MOHINDER KUMAR 2015.12.23 12:58 I attest to the accuracy and authenticity of this document Chandigarh