SABITA MAJHI Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) Petitioner challenges the order dated 3.11.2006 of Opposite Party No. 3 in deleting her name from the Electoral Roll Annexure 5, with prayer to quash that order with a direction to maintain her name in the Electoral Roll for Ward No. 10 of Rahania Grama Panchayat.

(2.) PETITIONER 's case is that as a housewife her permanent residence is at village Rahania and accordingly in the Assembly Electoral Roll her name finds place as a voter in 18 Bhandari Pokhari Assembly Constituency. On the basis of direction of the State Election Commissioner (in short 'Commissioner) as per Notification dated 18.08.2006, Annexure -6, the process of preparation and scrutiny of the Electoral Roll for the Grama Panchayat was undertaken. On 21.09.2006 Ward -wise preliminary Electoral Roll was published. Objection to the entry of the name of Petitioner in the Electoral Roll was filed on 28.09.2006. The S.I. of Schools, Bhandari Pokhari Block as the Panchayat Election Returning Officer (in short 'E.R.O'.) considered and rejected that objection after hearing the parties and accordingly order was passed not to delete the name of the Petitioner, but again from 16.10.2006 to 20.10.2006 time was allowed for filing of objection and objection was filed opposing to Petitioner's entry in the Electoral Roll. Petitioner filed her written statement asserting her position as a permanent resident of Rahania village notwithstanding the fact that her husband is serving at Bhubaneswar with whom she spends some time there and because of that her name finds place in the Electoral Roll of 50 Bhubaneswar Assembly Constituency. Petitioner also filed the nativity Certificate obtained on 02.11.2006 from the local Tahsildar, Bhandari Pokhari to substantiate her bona fide as a permanent resident of Rahania, but on 03.11.2006 Opposite Party No.3 directed deletion of her name from the Electoral Roll and accordingly the same was carried out in Annexure -5 (Electoral Roll), vide serial No. 169 of Ward No. 10. Because of the aforesaid conduct of the Opposite Party No. 3, the Petitioner would be deprived to exercise her franchise in the ensuing Panchayat election. She has further stated that the aforesaid conduct of the Opposite Party No. 3 is not in conformity with the orders and instruction contained in the notification of the State Election Commission. Annexure 6 is a copy of that notification. Ventilating her grievance in that manner and also stating that the provision in the Orissa Grama Panchayats Election Rules, 1965 (in short 'the Rules, 1965') and the provisions in Representation of People's Act, 1950 (in short 'the Act, 1950') were not properly followed, Petitioner has sought for the relief already indicated above.

(3.) TWO separate counter affidavits have been filed, one by Opposite Party No. 1 and the other jointly by Opposite Party Nos. 2 and 3. In a nutshell, in both the counter affidavits they reiterate correctness in the decision taken by Opposite Party No. 3 in deleting the name of the Petitioner from the Electoral Roll, inter -alia, on the ground that after her marriage she has been staying with her husband at Bhubaneswar since last 17 to 18 years and at times she along with her husband visits village Rahania and under such circumstance it cannot be said that their ordinary place of residence is village Rahania.