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2015 DIGILAW 1893 (HP)

Dhani Ram v. State of H. P.

2015-12-16

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

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JUDGMENT : Mansoor Ahmad Mir, J. The petitioner, by the medium of this writ petition, has sought the following reliefs. “(i) That Writ in the nature of the mandamus, directing the respondents to include the name of the petitioner in the electoral roll of the Gram Panchayat Daseran, Ward Thach Ganana, Tehsil Arki, District Solan, H.P. (ii) That writ of mandamus directing the respondent to accept the nomination of the petitioner for Member Block Development committee after including his name in the electoral roll of the Gram Panchayat Daseran, Ward Thach Ganana, village Ganana Tehsil Arki District Solan.” 2. The learned Advocate General has drawn our attention to Rule 23 of the Himachal Pradesh Panchayati Raj (Election) Rules, 1994. It is apposite to reproduce the said rule herein. “23. Correction of entries in electoral rolls. If the District Election Officer (Panchayats) on an application in Form-4 or Form-16 made to him or on his own motion is satisfied, after such inquiry as he thinks fit, that any entry in the electoral roll of the constituency- (a) is erroneous or defective in any particular; (b) should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident or is otherwise not entitled to be registered ion that electoral roll, shall amend or delete the entry: Provided that before taking any action on any ground under clause (a) or clause (b) that the person concerned has ceased to be ordinarily resident or that he is otherwise not entitled to be registered in the electoral roll, the District Election officer (Panchayats) shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him: Provided further that an application under this rule at any time after the publication of the election programme under rule 32 shall be made to the District Election Officer (Panchayats) not later than [nine days] before the last date fixed for the filing of nomination papers.” 3. The Rule reproduced supra does indicate that the petitioner had to seek his remedy, not later than nine days, before the last date fixed for the filing of nomination papers, which the petitioner has failed to do so. 4. Having said so, the writ petition is dismissed in limine, alongwith pending applications, if any.