HEERA LAL Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) BY way of this writ petition, the petitioner has questioned legality of order dated 21.12.09 passed by the District Election Officer, Jodhpur, whereby the appeal preferred by the petitioner against the order dated 13.12.09 passed by the Electoral Registration Officer, Phalodi deleting the names of 182 electors from the electoral roll of Ward No. 6 of Gram Panchayat, Khara, stands dismissed.

(2.) THE draft electoral roll of Ward No. 6 of Gram Panchayat, Khara was published by the Electoral Registration Officer. The respondent No. 4 -Balwanta Ram raised objection against the inclusion of names of 182 electors in the electoral roll on the ground that they are residents of Baigati Kala. The objection raised was contested by the electors by filing a reply thereto. They also produced documents i.e. job cards, ration cards, photo identity cards etc. showing that they are residents of Ward No. 6 of Gram Panchayat, Khara. However, the Electoral Registration Officer relying upon the report of the Patwari, Halka -Khara, opined that the said electors are ordinarily residents of village -Baigatikhurd of Gram Panchayat, Baigati Kala and accordingly, directed deletion of their names from the electoral roll, vide order dated 13.12.09.

(3.) ON 6.1.10, a coordinate Bench of this court while issuing notices to the respondents, by way of an interim order, stayed the operation of impugned orders dated 13.12.09 and 26.12.09. The application preferred by the respondent No. 4 under Article 226 of the Constitution of India was rejected by this court vide order dated 18.1.10. In this view of the matter, the names of the said electors were included in the final electoral roll of the Ward No. 6 of Gram Panchayat, Khara ad accordingly, they have participated in the elections of Gram Panchayat, Khara held in the year 2010. It is informed that thereafter, the electoral rolls have been further revised during the elections of the Panchayati Raj Institution held in the year 2014. However, the learned counsel appearing for the petitioner submitted that if the order impugned are allowed to stand, it is bound to affect the right of the said voters for inclusion of their names in the electoral roll in future and therefore, the matter needs to be heard on merits.