High Court of Punjab and HaryanaCWP/3190/2016disposed of

Khurshid And ANR. v. State Of Haryana And ORS

2016-02-17Ms. Justice Navita Singh,Mr Justice Jaswant Singh2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.3190 of 2016 Date of Decision: February 17, 2016 Khurshid 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.Shubham Kaushik, Advocate, for the petitioners. -.-

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) Respondent Nos.5 & 6 had earlier approached this Court in CWP No.23062 of 2015 (Deen Mohammad and another versus State of Haryana and others) challenging their non-inclusion in the voter list of village Rojka Mew, Tehsil Nuh, District Mewat. Their writ petition was disposed of on 30.10.2015 with a direction to the authorities to verify whether they were bonafide residents of the village and if so, was there any impediment against inclusion of their names in the voter list. In deference to those directions, the District Election Officer passed an order in favour of the private-respondents and included their names in the voter list. The election of Gram Panchayat has been held and respondent No.5 has in fact been elected as Sarpanch.

The instant writ petition is a cross-case questioning the inclusion of names of respondent nos.5 & 6 in the voter MOHINDER KUMAR 2016.02.23 15:10 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.3190 of 2016 [2] list.

Since the issue raises by the petitioners are seriously disputed questions of facts, we dispose of this writ petition with a direction that if it falls within the ambit of respondent No.2, namely, the State Election Commission, it may hold a fact-finding enquiry in accordance with the principles of natural justice in due course of time and well before the next elections are held.

Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE February 17, 2016 [P.B.BAJANTHRI] mohinder JUDGE MOHINDER KUMAR 2016.02.23 15:10 I attest to the accuracy and authenticity of this document Chandigarh