LAWS(PAT)-2017-4-56

KUMARI PRIYANKA Vs. STATE ELECTION COMMISSION

Decided On April 04, 2017
Kumari Priyanka Appellant
V/S
STATE ELECTION COMMISSION Respondents

JUDGEMENT

(1.) Heard Mr. Y. V. Giri, learned senior counsel, assisted by Mr. Pranav Kumar, learned counsel for the petitioner; Mr. Amit Shrivastava, learned counsel, assisted by Mr. Girsih Pandey, learned counsel for the State Election Commission and learned A.C. to G.P. 2 for the State.

(2.) The petitioner is aggrieved by the order of the respondent no. 2 contained in letter no. 1097 dated 24.03.2017 by which she has been informed that her request for inclusion of her name in the voter list of Ward No. 12 of Aurangabad municipality has been rejected.

(3.) Learned counsel for the petitioner submitted that for inclusion of her name in the voter list of Ward No. 12 of Aurangabad municipality, she had filed an application on 20.02.2017 which was duly accepted but the same was not acted upon forcing her to move before the respondent no. 1 and by the impugned order, the same has been rejected, which is erroneous. Learned counsel submitted that the State Election Commission has relied upon the report of the respondent no. 4 which was forwarded by the respondent no. 3 with his comments to the State Election Commission and, thus, there has not been fair consideration of the case of the petitioner since all the documents submitted by her have neither been taken into account nor discussed. Learned counsel submitted that the reliance placed on the report of the respondents no. 3 and 4 without there being any discussion relating to the documents submitted by the petitioner, the rejection of prayer of the petitioner for inclusion of her name in the concerned voter list is arbitrary.