DILBAGH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present Civil Writ Petition has been filed under Articles 226/227 of the Constitution of India seeking the issuance of a writ in the nature of certiorari for setting aside the order dtd. 25/10/2021 (Annexure P-11) passed by respondent No.2 - Deputy Commissioner-cum-District Electoral Officer, Karnal; and order dtd. 25/3/2021 (Annexure P-8) passed by respondent No.3-Electoral Registration Officer-cum-Additional Deputy Commissioner, Karnal-whereby the names of the petitioners have been deleted from the voter list of Village Bodsham, Tehsil Nilokheri, District Karnal.

(2.) It is the petitioners' case that they are the permanent residents of Village Bodsham and had only temporarily shifted to District Kurukshetra and Uttar Pradesh etc. for the purposes of business, and that they have again returned to their Village Bodsham and have been residing there since the past two years. In support, the petitioners have appended their Aadhar Cards and PAN cards. It has accordingly been prayed that the orders dtd. 25/10/2021 (Annexure P-11) and 25/3/2021 (Annexure P-8) deleting their names from voter list for Village Bodsham be set aside, being illegal.

(3.) In response, counsel for the State took us through the record and the factual matrix of the sequence of events stating the same to be essential for the effective consideration of the entire controversy. Counsel stated that perusal of impugned order dtd. 25/3/2021 (Annexure P-8) reveals that one Shri Harjinder Singh s/o Man Singh, resident of village Bodsham, Tehsil Nilokheri, District Karnal had submitted an application before Respondent no. 3 stating therein that the petitioners had gone away from the village by selling their houses and land, and therefore, their names be deleted from the voter list. In pursuance thereto, the Respondent no. 3 issued notices to the petitioners through the Patwari asking them to appear before him on 23/2/2021. Accordingly, on 23/2/2021 the petitioners had appeared and were given a personal hearing. However, it was noted that the petitioners could not produce any evidence to show that they are permanent residents of the Village Bodsham. Even a spot verification was carried out by the Tehsildar, Nigdhu through the village Numberdar, Chowkidar, and Patwari, who vide his office letter no. 282 dtd. 22/3/2021 reported that the petitioners were not residing in the Village Bodsham and were residing in Kurukshetra since the past 3-4 years, and had no land in the village either. It was stated that it was in view of these facts that Respondent no. 3 had passed order dtd. 25/3/2021 deleting the names of the petitioners from the voter list as they were not permanent residents of Village Bodsham.