Darshan Lal And ORS v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.7368 of 2016 Date of Decision: April 25, 2016 Darshan Lal and another ....Petitioners versus State of Haryana and others .....Respondents CORAM:HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE A.B.CHAUDHARI.

--- Present: Mr.Chirag Wadhwa, Advocate, for Mr.Parminder 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 to respondent Nos.1 to 4 only at this stage.

On our asking, Ms.Kirti Singh, learned Deputy Advocate General, Haryana, accepts notice on their behalf. Let four copies of the the writ petition be supplied to learned 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 respondent Nos.1 to 4 or serve respondent No.5 at this stage as no order prejudicial to its interest is being passed.

CWP No.7368 of 2016 [2] The petitioners' grievance in the instant writ petition is against their own as well as exclusion of names of hundreds of other residents from the voter-list of Ward No.2 of Municipal Committee, Ladwa.

The petitioners claim to be residents of Mahabir Colony, Street Nos.13, 14, 15 & 16 in Ward No.2 of Municipal Committee, Ladwa. According to them, their names were included in the voter list of Ward No.2 of Municipal Committee, Ladwa for 2014 Legislative Assembly elections. Voter Cards to this effect have been issued to them; Aadhaar Cards have also been issued and the site-plans of their houses constructed in Mahabir Colony, were also approved by the Municipality. They further allege that the B.D.P.O., Ladwa allegedly in connivance with a group of persons, claims to have conducted survey and based thereupon, the names of 111 persons including the petitioners have been deleted from the voter list of Municipal Committee, Ladwa and they have been included in the voter list of Gram Panchayat, Samalkha, The aggrieved petitioners have submitted their objections-cum-representation dated 29.01.2016 (P-4). As those objections have not been decided and Municipality elections are likely to be held in the near future, that the instant writ petition has been filed.

Having heard both the learned counsel, we dispose of this writ petition without expressing any views on merit, with a direction to the Deputy Commissioner, Kurukshetra to verify the above-mentioned factual assertions made by the petitioners and decide their objections/representations in accordance with law by observing the principles of natural justice, as early as possible but well in advance before the

CWP No.7368 of 2016 [3] elections of Municipal Committee, Ladwa are held. 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 April 25, 2016 [A.B.CHAUDHARI] mohinder JUDGE