BAGICHA SINGH Vs. PUNJAB STATE ELECTION COMMISSION

JUDGEMENT

(1.) THE present writ petition has been filed by Bagicha Singh and others, hereinafter described as the petitioners, seeking a mandamus directing respondents No. 1 and 2, Punjab State Election Commission (for short "the Commission") and Sub Divisional Magistrate-cum-Electoral Registration Officer for Panchayat in Sub Division Ferozepur respectively, to delete the names of respondents No. 3 to 21 from the voter list of the Gram Panchayat village Malluwala and to enter the names of these persons in the voter lists of the Gram Panchayat of village Bhawra Azam Shah, Tehsil and Distt. Ferozepur, as they are ordinarily residents of village Bhawra Azam Shah and not of village Malluwala. They also seek a prohibition whereby the petitioners seek stay of the operation of impugned order.

(2.) THE facts alleged are that in the year 1998, the preliminary electoral rolls based upon the electoral rolls used in the last election of the Gram Panchayat Mulluwala, Tehsil and Distt. Ferozepur, were duly published by the Election Commission. The names of respondents No. 3 to 21 were entered in the said list. The petitioners submitted an application in the prescribed form to the Electoral Registration Officer for the constituency i.e. Gram Panchayat Mulluwala, praying that the names of respondents No. 3 to 21 have erroneously been added in the electoral rolls as they are not ordinary residents of the constituency and their names should be struck off. The Electoral Registration Officer got the matter inquired into through Halqa Revenue Officer-cum-Naib Tehsildar, Ferozepur. He reported that respondents No. 3 to 21 are living in the houses constructed in their fields falling in the area of village Bhawra Azad Shah and not in the area of village Malluwala. After hearing the parties, the Electoral Registration Officer concluded that respondents No. 3 to 21 are not ordinary residents of Gram Panchayat of village Mulluwala. On 28.5.1998 he directed the deletion of the names of respondents No. 3 to 21 from the electoral rolls of village Mulluwala. On 3.6.1998 respondents No. 3 to 21 made a representation to respondent No. 1 who ordered the Additional Deputy Commissioner (Dev.)-cum-District Electoral Officer to enlist their names in voter list of village Mulluwala. When the petitioners came to know of that order, they approached respondent No. 1 and submitted a representation. On receipt of this representation, the Commissioner ordered the Additional Deputy Commissioner (Dev.)-cum-District Electoral Officer, Ferozepur, to take final decision after hearing both the parties. The District Electoral Officer, respondent No. 2 heard both the parties. Respondents No. 3 to 21 are stated to have admitted that they have not changed their residence since their settlement on the land which situate in the revenue estate of village Mulluwala. Arguments were heard and on 8.6.1998 respondent No. 2 confirmed the earlier order pertaining to deletion of the names of respondents No. 3 to 21 from the electoral rolls of Gram Panchayat of village Malluwala. Respondents No. 3 to 21 did not file any appeal against the earlier order but in December, 1998 one Mohinder Singh respondent filed a Civil Writ Petition No. 11581 of 1998. On 10.12.1998, this Court permitted the said writ petition to be withdrawn with liberty to the petitioners in the said writ petition to file an appeal before the appropriate authority in accordance with law.

(3.) IN the reply filed, petition as such has been contested. Respondent No. 1 in the reply submitted pointed out that this Court had allowed the filing of the appeal and thereupon the State Election Commission had considered the appeal and decided it in accordance with law. It had taken into account various important documents and, thus, the impugned order, copy of which is Annexure P-6, is validly passed. It is reiterated that it has only set aside the order passed by the Electoral Registration Officer dated 20.6.1998.