Civil Writ Petition No. 9201 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 9201 of 2010 Date of decision : 19.05.2010 Ajay and others ....Petitioners V/s State of Haryana and others ....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Sailender Singh, Advocate for the petitioners. Mr. Deepak Jindal, Deputy Advocate General, Haryana. RAJAN GUPTA J. (ORAL) The petitioners have sought writ in the nature of certiorari for quashing impugned order dated 07.05.2010, vide which names of the petitioners have been deleted from the voters list meant for election to Municipal Committee, Samalkha. Another prayer made in the petition is for writ in the nature of mandamus to direct the respondents to include the names of the petitioners in the voters list of Ward No. 10 of the said Municipal Committee. Learned counsel for the petitioners has argued that names of the petitioners are wrongly deleted from the voters list of ward No. 10 of Municipal Committee, Samalkha. According to learned counsel, the petitioners' names ought to have been in the voters list of ward No. 10 in view of ration cards in their possession which are proof of their residence. Reply by way of affidavit of Vijay Singh Dahiya, Deputy Commissioner-cum- District Election Officer, Panipat has been filed in Civil Writ Petition No. 9201 of 2010 2 court. The same is taken on record. It has been stated in the affidavit that SDO, Samalkha conducted an inquiry through Secretary, Market Committee, Samalkha and submitted a detailed report vide memo No. 949/OC dated 03.05.2010 to the effect that 11 votes have been found to be registered twice in ward No. 10. It has been further stated that personal hearing was granted to the concerned parties on 05.05.2010 but nobody appeared before the concerned authority despite intimation. It was thus, directed that wherever there were double votes, the same be deleted from ward No. 10. In respect of three voters, namely, Ajay s/o Maha Singh, Monica d/o Mani Ram and Kusum w/d Randhir, it has been stated in the affidvit that their names have been deleted inadvertently. Learned State counsel (on instructions from Ms. Mamta Rani, ADC office, Panipat, who is present in court) submits that steps shall be taken to rectify the inadvertent mistake. I have heard learned counsel for the parties. It is evident that election process has already commenced and entire proceedings are complete and the election is scheduled to be held tomorrow i.e. 20.05.2010. It appears that official respondents arrived at the conclusion regarding the voters list after conducting an inquiry. Those who have been found to have double votes were ordered to be deleted from the voters list. The factual issues cannot be adjudicated upon in the writ jurisdiction of this court. As regards the petitioners whose names were inadvertently omitted, the State has already taken a stand that mistake shall be rectified. In view of above, no ground for interference in the writ Civil Writ Petition No. 9201 of 2010 3 jurisdiction is made out. Dismissed. A copy of the order be given 'dasti' to learned State counsel under the signatures of Court Secretary. May 19, 2010 (RAJAN GUPTA) Ajay JUDGE