WASIM Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) According to the petitioner, he is a member of Gram Sabha Chauli, Shahbuddinpur, District Haridwar since 1960. Now, all of a sudden, without giving an opportunity of hearing to him, an order has been passed on 16.12.2017 by the respondent authorities, by which the name of the petitioner has been deleted from the electoral roll of Gram Sabha "Chauli" and it was ordered that the name of the petitioner be added in another Gram Sabha, known as "Mandawar". Thereafter on 03.01.2018, respondent no. 4 passed another order directing for delimitation of wards of Village Panchayat Chauli, Shahbuddinpur and Mandawar. This order has also been challenged by the petitioner before this Court.

(2.) Learned Senior Counsel for the petitioner relies upon sub-section (9) of Section 54 of the Uttarakhand Panchayati Raj Act, 2016 (from hereinafter referred to as the "Act"), which reads as under:-

(3.) The above proviso makes it absolutely clear that before correcting any entry in the electoral roll, an opportunity of hearing has to be given to the person concerned, which admittedly in the present case has not been given.