Jaimal Ram And ANR v. Punjab State Election Commission And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 215 Civil Writ Petition No.8693 of 2015 Date of Decision: September 08, 2015 Jaimal Ram & another ..... PETITIONER(S)

VERSUS

Punjab State Election Commission & others ..... RESPONDENT(S) . . .

CORAM:

HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE JASPAL SINGH . . .

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? . . .

PRESENT: - Mr. J.S. Grewal, Advocate, for the petitioners. Ms. Kirti Singh, Deputy Advocate General, Haryana. Mr. Parveen Sharma, Advocate, for respondent No.2.

Mr. K.K. Gupta, Additional Advocate General, Punjab.

. . .

Surya Kant, J (Oral) 1.

The question raised in this petition is whether respondent No.7 can have his name in two electoral rolls or two ration cards i.e. one in the State of Punjab and another in the State of Haryana?

AVIN KUMAR 2015.09.28 11:48 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh

CWP No.8693 of 2015 [2] 2.

The precise case is that respondent No.7 is originally a resident of village Dewan Khera, Tehsil Abohar, District Fazilka where his name figures in the voter-list and a ration card has also been issued to him. Respondent No.7 is presently residing in House No.2125, Sector 15, Panchkula and his name appears in the electoral roll of Panchkula (Haryana) too where second ration card has also been issued.

3.

The Deputy Commissioner, Panchkula has filed the reply/affidavit and in Para 3, it is averred that during supplementary voter-list, the name of respondent No.7 has been deleted from the voter-list of Panchkula.

4.

In this view of the matter, respondent No.7 no longer has his name in two voter-lists. It is obvious that petitioner is eligible to contest or cast his vote in his parental village. 5.

As regards to the second ration card issued at Panchkula address, we dispose of this writ petition with a direction to the authorities that if under the rules/policy, respondent No.7 is not entitled to have two ration cards, let one of the ration cards be cancelled after hearing him.

(Surya Kant) Judge (Jaspal Singh) September 08, 2015 Judge avin AVIN KUMAR 2015.09.28 11:48 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh