Avtar Singh & ORS v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.8383 of 2016 Date of Decision: May 03, 2016 Avtar Singh and others ....Petitioners versus State of Haryana and others .....Respondents CORAM:HON'BLE MR.JUSTICE SURYA KANT.

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

--- Present: Mr.Ved Parkash, 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 5 only at this stage.

On our asking, Ms.Kirti Singh, learned Deputy Advocate General, Haryana, accepts notice on their behalf. Let five copies of 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 5 or to serve respondent No.6 at this stage as no order on merits prejudicial to its interest is being passed.

MOHINDER KUMAR 2016.05.09 14:41 I attest to the accuracy and integrity of this document Chandigarh

CWP No.8383 of 2016 [2] Though this is first petition by the petitioners but is second round of litigation on the same issue, namely, whether the persons like the petitioners who are residing in a Dera (Dhani) near Safidon Town are entitled to be included in the voter list of Municipal Committee, Safidon? In the previous round of litigation, vide order dated 17.03.2016 passed in CWP No.5067 of 2016 (Avtar Singh and others versus State of Haryana and others) (P-5), it was directed that the petitioners are entitled to be included in the voter list either of Municipal Committee, Safidon or the village within whose revenue estate they are residing.

Learned counsel for the petitioners in the instant case submitted that since they are claiming inclusion of their names in the voter list of Municipal Committee, Safidon and the elections are likely to be held in near future, the authorities may be directed to determine their claim at the earliest.

Having regard to all the attending circumstances and the claim put-forth by the petitioners but without expressing any views on merits of their claim, we dispose of this writ petition with a direction to the State Election Commission, Haryana to call for the records and determine the petitioners' claim before the municipality elections are held. Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE May 03, 2016 [A.B.CHAUDHARI] mohinder JUDGE MOHINDER KUMAR 2016.05.09 14:41 I attest to the accuracy and integrity of this document Chandigarh