ANURADHA GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner a resident of Uklana Mandi, District Hisar, has filed this writ petition basically for staying the elections to the Municipal Committee, Uklana Mandi, which are to be held on 28-12-1994 on the ground that Electoral Rolls prepared are not in accordance with and also that bogus voters have been enrolled in different wards and that the same voter is enrolled in more than one ward. The following prayers have been made in the writ petition:

(2.) As an interim measure, prayer made is that the respondents be restrained from holding the elections to the Municipal Committee, Uklana Mandi till such time as Electoral Rolls are revised afresh or in the alternative, the respondents be directed to allow only the voters with identity cards to vote in the Municipal Elections.

(3.) Election programme has been issued and the process of elections has already been put into motion on the basis of revised electorals. After the revised electorals were notified, objections were invited. Petitioner had filed his objections against the bogus voters enrolled, which stand dismissed by the Revising Authority. The last date for filing of nomination papers was 28-11-1994 and the elections, if any, are to be held on 28-12-1994. Since the process of elections has already been put into motion, we are not inclined to exercise our writ jurisdiction under Article 226 of the Constitution of India at this stage to postpone the elections. The Code for holding the elections is self-contained. Remedies have been provided under the Code for raising objections regarding enrolment of bogus voters, delimitation of wards and of filing Election Petition in case any person is aggrieved of the result of the election on the grounds specified under the Code. If the elections are allowed to be postponed in the manner suggested in this writ petition, then no elections in the country can be completed. Supreme Court of India in Meghraj Kothari v. Delimitation Commission, AIR 1967 SC 669, with regard to the challenge to the delimitation of constituencies observed that if the orders made for delimitation of the constituencies are not taken to be final