Himachal Pradesh High Court
Pawan Kumar vs State Of H.P. & Others on 5 March, 2021
Bench: Sureshwar Thakur, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP No. 6014 of 2020.
Decided on : 5th March, 2021.
.
Pawan Kumar ...Petitioner.
Versus
State of H.P. & others ....Respondents.
Coram:
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
The Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?1 Yes.
For the Petitioner: r Mr. Abhimanyu Rathore, Advocate.
For Respondents No.1 to 3: Mr. Sudhir Bhatnagar, Mr. Ashwani K.
Sharma, and, Mr. Narender Guleria,
Additional Advocate Generals with Mr.
Vikrant Chandel, Dy. A.G.
For Respondent No.4 Ms. Manisha Thamta, Advocate vice Mr.
Ajeet Saklani, Advocate.
Sureshwar Thakur, Judge (Oral) .
Heard. The writ petitioner, through, the extant writ petition
has shown agitation, against the purported invalidity of the roster, as,
becomes drawn with respect to the elections, as, are being conducted in
the Gram Panchayats, falling within the Dharampur Block, of, District
Mandi, H.P.
2. During the pendency of the extant writ petition, before this
Court, upon, an application, seeking interim relief, hence, for staying, the
election schedule, as, drawn with respect to the elections, being conducted,
Whether reporters of the local papers may be allowed to see the judgment?
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in the Gram Panchayats, falling within the jurisdiction of Dharampur Block,
.
District Mandi, H.P., an affirmative order was pronounced on 18.12.2020.
However, subsequently on 30.12.2020, the afore interim order became
vacated. However, the respondent concerned, omitted to proceed, to,
conduct elections, to, the Gram Panchayats falling within the jurisdiction,
of, Block Dharampur of District Mandi, H.P. It appears that the afore
failings, of, the respondents, arose from, the process of inclusion of the
voters in the voter lists, being underway.
3. Consequently, the learned counsel appearing for the
petitioner has placed reliance, upon, a verdict rendered, upon, a factual
matrix, rather alike to the factual matrix averred in the extant petition, and,
has drawn the attention of this court to directions Nos.(i) and (ii), as,
contained in a verdict pronounced, by a co-ordinate Bench, of this Court,
upon, CWP 5987 of 2020 along with other connected matters, and,
mandate whereof, become extracted hereinafter:-
(i) In cases of re-organization
bifurcation/separation/creation of Gram
Panchayats/Blocks etc., reservation of offices therein
should be allocated afresh based upon the 'changed'
population structure in accordance with relevant
provisions of applicable Statue and the Rules.
However, while applying the Election Reservation
Roster, proper care should be taken so that
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reservation roster gets rotated to the maximum
.
extent possible;
(ii) Grievances of the petitioners with respect to
application and rotation of election reservation
roster over changed territories of Gram
Panchayats/Blocks, however genuine these might be,
cannot be examined at this stage when election
process is already underway, in view of bar imposed
by Article 243-O of Constitution of India. In such
circumstances, we direct the respondent-State to
ensure that, in future, the notification reserving
offices in the Gram Panchayats/Blocks in the State
for various categories in elections to Panchayati Raj
Institutions is published and placed in public domain
on the website of State Election Commission at lease
three months prior to the commencement of election
process to enable timely adjudication of disputes
pertaining to application/rotation of election
reservation roster. All consequent steps in
furtherance of same be also taken accordingly.
(i) and he argues that though in the verdict supra, there was no
interference with the schedule drawn, for the conducting of the elections,
in the Gram Panchayats, in respect whereofs, the afore writ petitions
became instituted before this Court, yet since any subsequent thereto
elections, as may be contemplated, to be held to the Gram Panchayats in
the State of Himachal Pradesh, there becomes cast therein, an imperative
necessity, upon the respondents, vis-a-vis, theirs bearing in mind, the afore
judicially pronounced parameters. Consequently, he validly argues, that,
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the respondents be directed to mete compliances, vis-a-vis, the
.
hereinabove extracted mandate carried in CWP No.5987 of 2020.
4. Consequently, the extant writ petition is disposed of, with a
direction to the writ petitioner, and, to the respondents to conjointly, mete
adherence to the afore mandate carried in the verdict supra. The afore
exercise, is unless not already completed, and, if also stands completed,
upon its wanting in adherence being meted thereto, be completed within
three weeks from today, and, thereafter the respondents concerned, shall
proceed to hold, the elections, to the Gram Panchayats falling within the
jurisdiction of Dharampur Block, of, District Mandi. With the afore
observations, the extant writ petition stands disposed of. All pending
applications also stand disposed of.
Copy dasti.
(Sureshwar Thakur)
Judge
(Sandeep Sharma)
Judge.
5th March, 2021.
(jai)
