Suman Lata v. State Of Haryana & ORS
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.9328 of 2016 (O&M) Date of Decision: 12.05.2016 **** Suman Lata ... Petitioner VS.
State of Haryana & Ors.
... Respondents **** CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR.JUSTICE A.B. CHAUDHARI ****
Present:
Mr. Vivek Goyal, Advocate for the petitioner Ms. Kirti Singh, DAG Haryana None for respondent No.6 **** SURYA KANT, J. (Oral) (1) The petitioner seeks a direction to respondents No.2 to 4 to allow her to file nomination papers and contest election for the post of Municipal Councillor for Ward No.19, Thanesar. It is alleged that respondent No.6 who is wife of MLA Kurukshetra and is Ex-Municipal Chairman has got the name of the petitioner removed from the Electoral Roll for the said Ward at the last moment to keep the petitioner out of fray.
(2) Upon notice, service of respondent No.6 is reported to be still awaited. Learned State counsel has produced all the relevant records. Assistant RO is also present.
(3) In view of the facts that (i) the petitioner's name was very much there in the Electoral Roll of 2014 and she exercised her franchise in the last Assembly elections; (ii) the notification dated 29.01.2016 was issued only "for updating the existing electoral rolls of all wards of..." Kurukshetra and obviously the existing voters were V.VISHAL 2016.05.13 13:32 I attest to the accuracy and authenticity of this document
not expected to submit any objections/claim in response thereto; (iii) there appears a last moment effort to delete the names of some of the voters from the Electoral Roll, we direct (i) the State Election Commission, Haryana; (ii) the Principal Secretary, Urban and Local Bodies Department, Haryana; and (iii) the Deputy Commissioner, Kurukshetra to invite a fresh objections against deletion of names from the Electoral Roll by giving one day opportunity to the affected voters and thereafter re-schedule the election programme including the date for filing nomination papers so as to enable the affected persons like the petitioners to file nominations, if so desired. However, the authorities shall be at liberty to hold the election as per the final date of election already notified.
(4) We are sanguine that the District Administration is fully aware of its responsibility to ensure fair and impartial election so that no political person succeeds in misusing his/her position and impair with the purity of election process.
(5) Let a dasti copy of this order be handed over to Ms. Kirti Singh, learned DAG Haryana during the course of day for information and necessary compliance.
(6) Disposed of.
V.VISHAL 2016.05.13 13:32 I attest to the accuracy and authenticity of this document