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(2022) Law Today Live Doc. Id. 16799 = 2022(1) L.A.R. 513
Decided on: 02.06.2022
Present:
Mr. Abhilaksh Grover, Advocate, for the petitioner.
Mr. Ankur Mittal, Addl. Advocate General, Haryana and Mr. Saurabh Mago, AAG, Haryana, for respondents No.1 to 7.
Mr. Ankur Mittal, Advocate and Ms. Kushaldeep Kaur Manchanda, Advocate, for respondents No.8 and 9.
Haryana Municipal Election Rules, 1978, Rule 4 (3) – Constitution of India, Article 226 -- Bifurcation of votes -- Final voter list published -- It is not the case of the petitioner that he had filed his objection to the draft electoral rolls – Held, at this stage, no directions could be issued to the respondents-authorities to consider the representations as electoral roll has already been published in accordance with rules – Writ petition dismissed.
(Para 3)
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RITU BAHRI, J. (ORAL) –
1. The present writ petition has been filed for issuance of a writ in the nature of Mandamus directing the respondents to act in accordance with the Government of Haryana notification dated 22.05.2008 (Annexure P-1) to the extent that voters of Booth No.41 and 42 which fall in the jurisdiction of Municipal Council, Jind as well as the village Pindara may be bifurcated so that the voters enlisted in the village election list, but are in fact a part of the Municipal Council, Jind, may be entitled to vote for the upcoming Municipal Counsel Election and to decide the representations dated 03.03.2022 (Annexure P-12) & dated 05.04.2022 (Annexure P-13).
2. Learned counsel for the petitioner submits that petitioner has filed representation dated 30.03.2015 (Annexure P-10) before the Sub Divisional Officer(O)-cum-Election Officer and representations (Annexures P-11 to P-13) before Deputy Commissioner, District Jind, for redressal of his grievance.
3. At this stage, counsel for the State has informed the Court that as per information published in the newspaper dated 10.02.2022, final publication of electoral roll has been done on 16.03.2022. The date of publication of ward wise draft electoral rolls of Municipal Council/Committees for inviting claims and objections under Rule 4(3) has been fixed till 18.02.2022. The last date by which claims and objections should be presented to the Revising Authority was 24.02.2022 and last date by which the claims and objections should be disposed of by the Revising Authority was 04.03.2022. The last date for filing appeals with the Deputy Commissioner against the orders of Revising Authority was 08.03.2022. The representations dated P-12 and P-13 were made by the petitioner on 03.03.2022 and 05.04.2022 whereas, the last date for filing the objection was fixed for 24.02.2022. It is not the case of the petitioner that he had filed his objection to the draft electoral rolls on or before 18.02.2022.
4. In the present case, final voter list was published and vide notification dated 23.05.2022 (Annexure P-2), the date of election has been announced and the name of the members of the wards have been announced for general election.
5. In view of the above, at this stage, no directions could be issued to the respondents-authorities to consider the representations (Annexures P-10 to P-13) as electoral roll has already been published in accordance with rules on 16.03.2022. No case is made out to entertain this petition, hence, the same is dismissed as such.
Petition dismissed.
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