SUBEENA Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) This is a petition where the petitioner prays for inclusion of her name in the voter list in village Babupur so as to be enabled to contest the coming election to the village panchayat.

(2.) According to the facts pleaded, the petitioner became the resident of this village after matrimony on 22.12.2015. In this regard she had made an application to respondent No.4 which has gone unanswered so far.

(3.) Learned counsel for the petitioner contends that in terms of Section 23(3) of the Representation of the People Act, 1950, an inclusion by way of amendment, transposition or deletion of an entry in the voter list can be made. On due consideration of the matter, we are of the opinion that there are visible constraints in accepting the prayer of the petitioner. Once the election process has been set in motion, the writ petition of this kind which has the effect of interference with the process would not be maintainable as per the settled law. Besides, there is always a schedule provided where amendment, deletion or transposition of names in the electoral list can be made upon consideration of objections or representations of the affected persons. Although the schedule is not before us, having not been pleaded in the petition, we have been informed by the learned counsel for the State of Haryana, who is present in Court, that the process in this regard stood concluded on 19.12.2015. If that is so, then even on the issue of facts the petitioner would not be entitled to any inclusion in the voter list as she became a resident of village Babupur on 22.12.2015.