Punjab-Haryana High Court
Deepak Kumar And Ors vs State Of Haryana And Others on 5 July, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
113
CWP-13573-2022
Date of decision : 05.07.2022
Deepak Kumar and others Petitioners
V/S
State of Haryana and others Respondents
CORAM : HONBLE MS. JUSTICE RITU BAHRI
HON'BLE MR. JUSTICE ASHOK KUMAR VERMA
Present: Mr. S.S. Sahu, Advocate for the petitioner.
Mr. Ankur Mittal, Addl. A.G., Haryana with
Mr. Saurabh Mago, AAG, Haryana
for respondents No. 1 to 4.
Mr. Ankur Mittal, Ms. Kushaldeep K. Manchanda and
Mr. Shivam Garg, Advocates for respondents No. 5 and 6.
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RITU BAHRI, J. (ORAL)
The petitioners have filed the present petition for setting
aside the voter list of wards No.16 and 17 qua the 450 votes which were
illegally and arbitrarily transferred by the respondents at the instance of
some interested persons from ward No.16 to 17 and the voters
including the petitioners may be allowed to cast their votes in the
election scheduled on 19.06.2022 in ward No.16.
Learned State counsel, on instructions of Sh. Pankaj,
Secretary, Municipal Committee Ratia, Fatehabad, Haryana, has
informed the Court that in the present case 02 notifications were issued
prior to 18.02.2022 and even in those notifications no objections were
filed by the petitioners. A draft notification was issued on 18.02.2022
and objections were to be filed by 24.02.2022. 03 objections were filed
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which were all accepted till 04.03.2022. Till 08.03.2022 appeal has to
be filed before the Deputy Commissioner, Fatehabad which was
decided by 11.03.2022. Thereafter a final notification was issued on the
voter list on 16.03.2022. The petitioners did not file any objections
between 18.02.2022 to 16.03.2022. The petitioners have filed their first
representation to the Deputy Commissioner, Fatehabad on 21.05.2022.
Now, the elections have already taken place on 19.06.2022 and result
has been declared on 22.06.2022. Final notification of result has also
been published.
At this stage, learned counsel for the petitioners has
referred to a Division Bench judgment of this Court in Rakesh Sharma
Vs. The State of Punjab and others : 2009(2) RCR (Civil) 426.
A perusal of this judgment shows that it was a case where
challenge was made to the delimitation of the wards under the Punjab
Municipal Act, 1911. The writ petition was filed at the time when
Municipal Elections was due in November, 2005 and the State of
Punjab has decided to increase the number of wards of Municipal
Council, Nangal from 17 to 19. Perusal of judgment further shows that
the petitioner had approached this Court before the elections were
conducted and during the pendency of the writ petition, the election
process was stayed.
In para 11 of the judgment it has further been observed that
the State Government had published the recommendations within 10
days vide notification dated 15.07.2005. However, after inviting the
objections and consideration thereof, the State Government found that
numbering of wards is not proper. On this ground, the writ petition has
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been allowed and the State Government was directed to hold the
elections after inviting objections and suggestions with regard to
delimitation of wards. The facts of the aforesaid judgment are not
applicable to the present case.
In the present case as per the facts stated above, the
objections were decided and after deciding the same, final notification
was issued on 16.03.2022. Now, even the elections have taken place on
19.06.2022, result was declared on 22.06.2022 and Gazette notification
has also been issued. The petitioners have not disputed that they have
not filed any objections, whether it was in their knowledge or not, this
Court is not inclined to re-consider the issue and no directions can be
given to the Deputy Commissioner, Fatehabad to look into the
representations dated 21.05.2022 and 04.06.2022 (Annexures P-5 and
P-6) at this belated stage. The present petition is dismissed accordingly.
(RITU BAHRI)
JUDGE
(ASHOK KUMAR VERMA)
JUDGE
05.07.2022
kothiyal
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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