IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.9182 of 2009 Date of decision: 2.7.2009 Kailash Aggarwal. -----Petitioner Vs. State of Haryana and others. -----Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MRS JUSTICE DAYA CHAUDHARY Present:- Mr. Anurag Jain, Advocate for the petitioner. ----- ORDER: 1. This petition seeks quashing of notice dated 13.5.2009, Annexure P-9, issued by Adarsh Mahila Maha Vidyalaya, Bhiwani to all the life members of the management of the Society, to the effect that list of life members/voters had been completed and the members could inspect the Voters’ List and file their objections, if any, on or before 22.5.2009. Prayer has also been made for quashing the election schedule dated 4.6.2009, Annexure P-10 and also for a direction not to hold elections till Voters’ List is finalised in terms order of this Court dated 1.12.2008, Annexure P-7 and report of the Enquiry Committee dated 4.5.2007, Annexure P-4. CWP No.9182 of 2009 2. Case set out in the petition is that respondent No.5 is an aided college and its office-bearers are elected every three years. The term of three years of the earlier Governing Body expired on 14.2.2007. Though elections were scheduled to be held twice, the same could not be held in absence of finalization of Voters’ list. Inquiry was conducted by the University and irregularities were found in the Voters’ List. Accordingly, fresh elections were ordered. Against the said order, writ petition was filed in this Court by one of the affected voters. On statement made on behalf of the University that an Ad hoc Governing Body has been constituted and that elections will be held within six months after removing deficiencies in the Voters’ List. The petition was disposed of vide order dated 1.12.2008. 3. Case of the petitioner is that deficiencies in the Voters’ list had not yet been removed and holding of elections is illegal and contrary to the statement made in this Court. 4. We do not find any merit whatsoever in this petition. The process of elections has already been initiated and in the notice, Annexure P-9, it has been clearly mentioned that if any person has any objection to the Voters’ list, he could file objections. If the petitioner had any objection, he could have filed the same. 5. Contention raised on behalf of the petitioner is that the petitioner wanted enrolment of new members, which could be done only by a regular Governing Body and not by the Ad hoc 2 CWP No.9182 of 2009 Governing Body. If this submission is to be accepted, there will never be elections. It is also well settled that merely because Voters’ list could not be finalised or there are some irregularities in the list, cannot be a ground to indefinitely stop the elections. A petition filed to stall election cannot be entertained. Reference may be made to judgment of the Hon’ble Supreme Court in Lakshmi Charan Sen and others v. A.K. M. Hassan Uzzaman and others AIR 1985 SC 1233. 6. Accordingly, this petition is dismissed. (ADARSH KUMAR GOEL) JUDGE July 02, 2009 ( DAYA CHAUDHARY ) ashwani JUDGE 3