JAY PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioners, who are 105 in numbers, aggrieved by the electoral rolls for Panchayat Election, 2020 for Gram Panchayat Mahadev Nagar ('G.P., Mahadev Nagar), Panchayat Samiti Tinwari and electoral rolls of Gram Panchayat, Berdo-ka-Bas ('G.P., Berdo-ka-Bas') (Annex.2) published on 28/12/2019 and a direction has been sought to add the names of the petitioners in the electoral roll of G.P.Berdo-ka- Bas (Chak Rataniya) again and permit the petitioners to cast their vote at G.P., Berdo-ka-Bas for Panchayat Elections, 2020.

(2.) It is inter alia indicated in the writ petition that the draft electoral rolls for the Panchayat Elections, 2020 was published by the respondents, wherein, names of the petitioners were indicated in electoral rolls of G.P., Mahadev Nagar (Annex.1), Panchayat Samiti, Tinwari, wherein, the main village is Daukiyo-ki-Dhani. It is claimed that as the petitioners are residents of village Berdo-ka- Bas (Chak Rataniya-ki-Dhani), Osian, the petitioners were surprised by the said inclusion of their names in G.P., Mahadev Nagar instead of Berdo-ka-Bas, where the petitioners' names were earlier recorded and in fact petitioner no.2 is Sarpanch of said G.P., Berdo-ka-Bas. The petitioners made inquiries when they came to know that an innocuous application dated 22/11/2019 (Annex.5) was made by one Bhoma Ram to Tehsildar, Tinwari inter alia simply indicating that names of certain residents of Daukiyon-ki-Dhani have been wrongly included in village Berdo- ka-Bas (Chak Rataniya-ki-Dhani), therefore, the required correction be made and based on which action was taken, allegations whereof are that the same was wholly malafide and the names of petitioners have been wrongly included in G.P., Mahadev Nagar by deleting the same from G.P., Berdo-ka-Bas.

(3.) It is indicated that the names of the petitioners for the Panchayat Elections, 2014 were indicated in G.P., Berdo-ka-Bas and in this regard voter list of the year 2014 has been placed on record as Annex.12. On publication of draft electoral roll, the petitioners approached the Collector/District Electoral Officer raising their grievance pertaining to the inclusion/exclusion of their names in the electoral roll. It was inter alia indicated that the petitioners were residents of Ward No.5 of G.P., Berdo-ka-Bas, they are in possession of Aadhar Cards, Bonafide Resident Certificates, Ration Cards, Voter ID Cards and Bhamashah Cards, which indicate their place of residence as Berdo-ka-Bas and, therefore, as the exclusion from G.P., Berdo-ka-Bas has been made malafidely, the same be rectified. Representation in this regard was also made to the S.D.O. Osian, the concerned Electoral Registration Officer. The certificate (Annex.9) was also issued by the Sarpanch, G.P., Mahadev Nagar indicating the status of the petitioners that they were not part of G.P., Mahadev Nagar.