BEFORE THE HON’BLE HIGH COURT OF CHATTISGARH AT BILASPUR w.,P. (C) No. éMX9 / 2010 8) The Collector—cum-District Election Officer, District Raipur, (C.G.) f/ m‘anQ 4Q 4) Chief Medical Officer Nagar Palika, Beergaon Dist Raipur (C.G.) g/ ,WRIT PETITION UNDER ARTICLE 226 l 227 OF THE ) CONSTITUTION OF INDIA i ./ PETITIONER Bhupender Somber, Son of Meghuram Somber, aged about 34 years, presently residing at Ward No. 16, Neem Para, Urkura, Raipur (C.G.) VERSUS RESPONDENTS 1)'/ State of Chhattrsgarh, through Secretary, Urban Administration and Development Department, D.K.S.Bhawan, Mantralaya, Raipur (C.G.) / / // 2) The Commissioner, Chhattisgarh State Election Commission, \ Mahanadi Dwar, Mantralaya, l Raipur(c.o.) HIGH COURT OF CHHATT!SGARH : BILASPUR WRIT PETITION (C) NO.641 9 201 0 PETITIONER Bhupender Somber RESPONDENTS (Writ Petition under Article 226/227 of the Constitution of lndia) Single Bench ' Hon’ble Shri Satish K Agnihotri J Present .- Shri P S Koshy and Shri P R Patankar Advocates for the petitioner Shn A.S. Kachhwaha, Deputy Advocate General for the State. Versus State of Chhattisgarh & Others ORDER (ORAL) (Passed on this 23rd day of Noven‘ber 2010) Heard-learned counsel for the parties‘ Shri Koshy, learned counsel appearing for the petitioner, submits that there have been a lot of irregularities in the voter list 2010-11 prepared by the authorities, for which an application has been made by the petitioner on 5-10—2010 (Annexure P/14), but till date no decision has been taken on the said application. It appears that the authorities are proceeding with the election on the voter list, which contains several irregularities. Rule 9—A of the Chhattisgarh Nagarpalika Nirvachan Niyam, 1994 contemplates an application in respect of entries made in the voter list. Thereafter, the Registration Officer is to examine the facts after affording opportunity of hearing to the person concerned and dispose of the claims and objections under Rule 6 before initiating the election process. At this stage, Shri Kachhwaha, learned Deputy Advocate General appearing for the State, submits that the application filed by the petitioner shall be dealt with, in accordance with law and on its own merits. Only after passing of the order on the application of the petitioner further action with regard to conduct of election shall be taken ln view of foregoing, according to the learned counsel appearing for the petitioner, nothing survives in this petition for adjudication. Accordingly, without going into the merits of the case, asto what is the nature of irregularity, as it is for the Registration Officer to examine the complaints and objections raised by the concerned persons, in accordance with the provisions of law and pass appropriate order before initiation of election process, the writ petition is disposed of with a direction to ' the Returning Officer to look into the application of the petitioner as aforestated consisting of irregularities and decide the same in accordance with law on its own merits as early as possible before initiating election process. It is made clear that before passing the order, proper opportunity of hearing may be afforded to the petitioner. Certified copy today. Sd/— Satish K. Agnihotri’ i Judge Gowri