Research › Search › Judgment

Madhya Pradesh High Court · body

2020 DIGILAW 286 (MP)

Madanlal v. Sub-Divisional Officer, Sanwer Ex Officio Registration Officer and Returning Officer

2020-02-24

S.C.SHARMA

body2020
ORDER : S.C. Sharma, J. 1. The present petition is arising out of the order dated 07/02/2020 passed by the Additional Collector/Appellate Authority, Indore rejecting the appeal preferred by the petitioners in respect of deletion of entry in the voter's list. 2. Petitioners' contention is that they are agriculturists and are residents of village Kajlana, Sanwer District-Indore and their names find place in the voter list published earlier. However, a voter list was published in the year 2019, to be more specific on 16/12/2019 and petitioners', names does not find place in the voter list. The petitioners have submitted an appeal on 01/02/2020 however, the same has been dismissed as it was not preferred within fifteen days. Section 15-A of the Madhya Pradesh Panchayat Nirvachan Niyam, 1995 reads as under:- "15-A. Deletion of entries in the voters' list in certain cases.- (1) If the Registration Officer on application made to him or on his own motion, is satisfied after such inquiry as he thinks fit, that the name of any person in the voters' list of a Panchayat after its finalization under Rule 12 should be deleted on the ground that the person concerned is registered in the voters' list of any other Panchayat or of any Municipality, the Registration Officer shall, subject to such general or special direction, if any, as may be given by the Commission in this behalf, delete the entry: Provided that before taking any action in this behalf, the Registration Officer shall give the person concerned reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him. (2) No deletion of any entry shall be made under sub-rule (1) after the last date fixed for making nomination in the notice issued under Rule 2.8 for the election in that ward or in the constituency of any Panchayat within which that ward is comprised and before the completion of that election. (3) The Registration Officer shall record in writing the reasons for his decision to delete an entry under sub-rule (1) and shall make available, on demand a copy of such decision to the person concerned free of charge, forthwith. (4) Any person aggrieved by the decision of the Registration Officer under sub-rule (1) may prefer an appeal to the District Election Officer within fifteen days of such decision. (4) Any person aggrieved by the decision of the Registration Officer under sub-rule (1) may prefer an appeal to the District Election Officer within fifteen days of such decision. (5) The District Election Officer, after giving the appellant an opportunity of hearing and making such inquiry as he deems fit, shall pass suitable order on the appeal. The decision of the District Election Officer shall be final." 3. The aforesaid statutory provision of law provides for an appeal to the District Election Officer within fifteen days from the date of decision and in the present case, the appeal was not preferred within fifteen days. There was a delay in filing the appeal and the appeal was preferred, but with a delay of 30 days (approximately). On this sole ground, the appeal has been dismissed. 4. In the considered opinion of this Court, though the statue provides for 15 days time to prefer an appeal but, the fact remains that deletion of entry from the voter list deprives a citizen of casting his vote and the delay, which was only of 30 days should have been condoned keeping in view the facts and circumstances of the case as the petitioners were earlier voters from the same village. 5. After hearing learned counsel appearing for M.P. State Election Commission as well as for the State of M.P., the delay in filing appeal stands condoned. 6. The appellate Authority is directed to decide the appeal of the petitioners on merits within a period of thirty days from the date of receipt of certified copy of this order. The impugned order dated 07/02/2020 passed by the Additional Collector, Indore is hereby quashed. The petition stands disposed of.