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2010 DIGILAW 1835 (PNJ)

Shobha Ram v. State of Haryana

2010-05-28

RAJAN GUPTA

body2010
JUDGMENT Rajan Gupta J. (Oral).:- The petitioners have preferred the instant writ petition seeking a direction to respondents No. 2 to 4 to issue a revised correct voter list for village Ladyaka, Tehsil & District Palwal for ensuing election to its Gram Panchayat. 2. Learned counsel for the petitioner has submitted that petitioners filed a objection on 29.03.2010 i.e. within the period prescribed against the voter list wrongly issued against the incorrect voter list issued by official respondents. He submits that some persons were wrongly included in the voter list and some genuine residents of the village were excluded therefrom in violation of the Rules. 3. Learned State counsel has, however, refuted this contention. He submits that receipts, Annexure P-1 (Colly) annexed with the petition are bogus. According to him, the application of the petitioners objecting to inclusion of names of certain persons in the voter list was received in the office of respondent No. 4 on 19.04.2010. As per schedule, last date for submission of such objection was 29.03.2010. He has referred to Section 166(6) of the Haryana Panchayati Raj Act to contend that once election is set in motion it is not possible to amend, delete or add any person in the voter list till the completion of the election. 4. I have heard learned counsel for the parties and given careful thought to the facts of the case. 5. Certain disputed question of facts have been arisen in this petition with regard to submission of objections by the petitioners against the voter list issued by official respondents. This disputed question of fact cannot be adjudicated upon by this court in writ jurisdiction of this court as no evidence is available to decide such issues. This part, in view of Bar contained in Section 166(6) it is not possible for this court at this stage to direct amendment of the voter list. Admittedly, notification (No. SEC/3EII/ 2010/1773) dated 15.05.2010 has already been issued by State Election Commission in exercise of powers vested in it under clause (1) of Article 243K of the Constitution of India and under Rule 24 of the Haryana Panchayati Raj (Election) Rules, 1994 as well as other provisions contained in Haryana Panchayati Raj Act, 1994. 6. In view of the fact that election process has already set in motion, there is no ground to interfere in writ jurisdiction of this court. Dismissed. ------------