ARJUMA BEGUM Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The writ petitioners are before this Court with a prayer to set aside the election and the results dtd. 15/11/2024 of the Haripur VEC, with a further prayer that the respondent No. 5, conduct a detailed enquiry and verification of Job card holders to ensure free and fair elections. The grievance of the writ petitioners, is that in spite of a detailed complaint dtd. 25/10/2024, wherein details of anomalies in the Job cards of Haripur VEC were provided, the respondent No. 5, without conducting Job card verification, had issued an order dtd. 28/10/2024, declaring for the elections to be held to the Haripur VEC on 15/11/2024.

(2.) Mr. K. Paul, learned Senior counsel assisted by Mr. S.K. Hassan, learned counsel for the petitioners has submitted that the office of the respondent No. 5, without preparation of any electoral roll, had issued the order dtd. 28/10/2024, scheduling the elections on 15/11/2024, which prompted the petitioners to file RTI queries on 4/11/2024 for furnishing documents pertaining to the list of Job card holders of Haripur VEC. It is further submitted that in spite of the complaints, the elections were conducted on 15/11/2024, and the petitioners who had contested for the post of President and Secretary respectively, were unsuccessful due to the unfair malpractice and anomalies. The learned Senior counsel submits that the election therefore, not being transparent and fair, has caused serious prejudice to the petitioners and other Job card holders.

(3.) To buttress his submissions, the learned Senior counsel has submitted that 9(nine) numbers of shifted Job card holders were allowed to cast their votes illegally, despite serious objections being raised. Similarly, he submits 17(seventeen) numbers of Dual Job card holders were also allowed to cast their votes, and further 3(three) numbers of proxy votes were also cast. Added to these irregularities he submits, as the polling was not completed on time, the officer-in-charge of the elections had issued 12(twelve) number of tokens to the Job card holders or voters to cast their votes, but however when these token holders sought to cast their votes, they were not allowed to cast the same. In view of these illegalities he submits, the petitioners had filed a complaint on 19/11/2024, which however, was never addressed. He submits that the entire elections being vitiated by these instances, directions may be issued to set aside the election and the results of Haripur VEC, conducted on 15/11/2024.