BALKAR SINGH Vs. STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) SUCCINCTLY, the facts, which need a necessary mention for the limited purpose of deciding the core controversy, involved in the instant writ petition and emanating from the record, are that Balkar Singh(petitioner No.1) made a complaint to the State Election Commissioner, Punjab(respondent No.1) and requested to delete the names of the voters mentioned in the voter list at serial No.878 to 894(Annexure P-1) relating to the year 2007 of Part No.18 of 098 Dharamkot assembly constituency of village Malluwala, Tehsil Zira, District Ferozepur.

(2.) IN the wake of complaint, respondent No.1 sought the reports from the filed officers in this regard. The Tehsildar, Zira(Respondent No.4) submitted the report(Annexure P-2) to the Sub Divisional Magistrate-cum-Electoral Registration Officer(respondent No.3), who forwarded the same vide report (Annexure P-3) to respondent No.1 and accordingly recommended the change. Thereafter, respondent No.1 sought some clarification from respondent No.3 vide letter dated 04.04.2008(Annexure P-4) and in pursuance thereof, respondent No.3 sent the letter dated 18.04.2008(Annexure P-5). A direction was stated to have been issued by this Court to respondent No.1 to consider the report(Annexure P-5) in Civil Writ Petition No.7106 of 2008 by virtue of order dated 30.04.2008 (Annexure P-6).

(3.) THE case of the petitioners further proceeds that in view of the appeal filed by one Gurmukh Singh Sandhu(respondent No.5), respondent No.1 again sought and respondent No.3 sent another report dated 16.05.2008(Annexure P-8) to respondent No.1. Respondent No.5 filed another writ petition bearing CWP No.9434 of 2008, which was disposed of by this Court by means of order dated 25.09.2008(Annexure P-9) and the direction was issued to respondent No.2 to decide his representation. THE representation dated 03.03.2009(Annexure P-10) filed by him(respondent No.5) was accepted by respondent No.1 on the report (Annexure P-11) of respondent No.4 and the report(Annexure P-12) of respondent No.3, vide impugned order dated 15.12.2009(Annexure P-13).