KULDIP KAUR Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioners, who are members of one family, have filed the instant writ petition challenging the order dated4.7.2012 (Annexure P-1) passed by the Electoral Registration Officer-cum-Sub Divisional Officer(C), Assandh under Section 22 of the Representation of the People Act, 1950 (hereinafter referred to as 'the Act'), whereby on the application moved by respondent No. 4, a resident of village Alipur Viran, the names of the petitioners have been ordered to be deleted from the voters list of village Alipur Viran on the ground that they are not the ordinary residents of the said village and are actually residing in the area of village Seodi by constructing their houses on their agricultural land; as well as the order dated 27.11.2012 (Annexure P-3), whereby the appeal filed by the petitioners against the said order under Section 24 of the Act has been dismissed by the District Electoral Officer-cum-Deputy Commissioner, Karnal by confirming the aforesaid finding of fact recorded by the Electoral Registration Officer. After notice, the respondents have filed the written statements.

(2.) We have heard the learned counsel for the parties. Undisputedly, the petitioners have constructed their residential houses on their agricultural land situated in village Seodi. According to respondent No. 4, the petitioners are residing in those houses. Village Seodi has no Panchayat and is a Bechirag Moja. However, the Gram Panchayat of village Seodi is Gularpur. Undisputedly, in the year 2010, the names of the petitioners figured in the voters list of Gram Panchayat, Gularpur, but later on they got their names entered in the voters list of village Alipur Viran. Respondent No. 4, who is resident of village Alipur Viran made an application for deletion of the names of the petitioners from the voters list of village Alipur Viran alleging that the petitioners are not the ordinarily residents of village Alipur Viran, therefore, they are not eligible for registration of their names in the voters list of the said village. On the said application, the Electoral Registration Officer, Assandh issued notices to the petitioners and provided an opportunity of hearing to them. The report of the Halqa Patwari was sought to the effect, whether the petitioners are living in village Alipur Viran or in village Seodi at their Dera. The report of the Sub Tehsildar was also sought in this regard. The Electoral Registration Officer along with his Assistant Electoral Registration Officer and Tehsildar, Assandh also visited village Alipur Viran and heard the village Chowkidar. On seeing the report and the other evidence collected during the spot inspection, it was found that the petitioners are actually living in their houses constructed on the agricultural land of village Seodi and not in village Alipur Viran. On the basis of the said finding, the Electoral Registration Officer ordered for deletion of the names of the petitioners from the voters list of village Alipur Viran vide order dated 4.7.2012.

(3.) The said order was challenged by the petitioners in appeal before the Chief Electoral Officer. The Appellate Authority after hearing the arguments of the learned counsel for the parties and going through the report submitted by the Sub Divisional Officer(C), Assandh, who had gone on the spot to know the actual residence of the petitioners, dismissed the appeal and affirmed the finding of fact recorded by the Electoral Registration Officer to the effect that the petitioners are not the ordinarily residents of village Alipur Viran and are actually residing in village Seodi.