JUBENA KHATUN Vs. STATE ELECTION COMMISSIONER HARYANA

JUDGEMENT

(1.) The petitioner has sought a writ in the nature of mandamus to direct the respondents to include her name in the voter-list of Ward No. 9 of Gram Panchayat Panchanka, Tehsil Hathin, District Palwal, as she also intends to contest election for the post of Sarpanch.

(2.) Learned counsel for the petitioner has argued that name of the petitioner earlier figured at serial No. 91 at the time of general elections in the year 2005 in the voter-list of Ward No. 9 of Gram Panchayat Panchanka and same has been illegally deleted from the voter-list issued for the ensuing election. According to learned counsel, the petitioner had contested the election for the post of Sarpanch in the year 2005 and bye-election in August 2009 from Ward No. 9. According to him, the petitioner is already campaigning for the post of Sarpanch, but unfortunately her name is missing from the voter-list thereby depriving her of the opportunity to contest election.

(3.) A reply by way of affidavit of Dr. Amit Kumar Aggarwal, Deputy Commissioner-cum-District Electoral Officer (Panchayat), Palwal, has been filed in Court. Learned counsel for the State has referred to the same and submitted that draft voter-list of the concerned Gram Panchayat was published on 11.3.2010 and wide publicity was given to this publication, as outlined in the affidavit. Pursuant to this, 242 claims and objections were received from the villagers which were disposed of in accordance with law. Thereafter, final voter-list was published on 15.4.2010. According to learned counsel, the petitioner never submitted any objections to the draft voter-list and sent representation only on 21.5.2010. He submits that in view of bar contained in Sub-section (6) of Section 166 of the Haryana Panchayati Raj Act, 1994, addition, deletion or amendment in the voterlist cannot be made at this stage as election process has already been set in motion.