CWP No.12372 of 2008 & CWP No.2794 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No.12372 of 2008 & CWP No.2794 of 2009 Date of decision: 18.09.2009 Tarsem Lal & Others ..... Petitioners VERSUS State of Punjab & Others ..... Respondents CORAM:HON'BLE MR. JUSTICE PERMOD KOHLI. Present: Mr.T.S.Chauhan, Advocate for the petitioners. Mr.P.C.Goyal, Addl.A.G., Punjab. PERMOD KOHLI, J. (Oral) The petitioners have challenged the order dated 11.02.2009 (Annexure P-15) in CWP No.2794 of 2009, passed by the State Election Commission, Punjab, notifying the schedule for holding the elections of Gram Panchayat, Miaonwal on 25.02.2009. 2. The petitioners claim that they are voters of Gram Panchayat Miaonwal, District Jalandhar and have been exercising their right of franchise since 1952. However, the respondents have illegally excluded their names and another about 200 voters from the voter list of village Miaonwal and their names have been included in the voter list of adjoining village Mau Sahib illegally, arbitrarily and unfairly. The election schedule issued vide Annexure P-15 for holding the election on 25.02.2009 is on the basis of the amended/revised voter list and in this manner, the petitioners have been deprived of their fundamental right to franchise. Earlier, the Gram Panchayat village Miaonwal was sought to be bifurcated into CWP No.12372 of 2008 & CWP No.2794 of 2009 -2- Miaonwal Poorvi. It is alleged that this exercise was prompted at the instance of the then MLA of the ruling party Akali Dal namely Sh.Gurdip Singh Bhullar, who was interested in bifurcation of the village Panchayat on political considerations. The action of the State to bifurcate the Gram Panchayat was challenged by the Gram Panchayat Miaonwal in CWP No. 4068 of 2008. This writ petition was disposed of vide the order dated 14.05.2008, directing the respondents to re-consider the matter. 3. It is further the case of the petitioners that in the meantime, an another representation was filed again at the instance of the aforesaid MLA, complaining that the names of the adjoining village have been wrongly incorporated in the voter list of Gram Panchayat of village Miaonwal for which the election was scheduled to be held on 22.10.2008. Another writ petition i.e. CWP No.10880 of 2008 came to be filed before this Court. In this writ petition, the petitioners had challenged the electoral roll by filing the representation. This Hon'ble Court vide order dated 13.06.2008, directed the respondent No.2 to consider and dispose of the representation of the petitioners in accordance with law within 4 weeks. It is alleged that on the basis of the aforesaid order, the respondents postponed the election schedule to be held on 22.06.2008 vide order dated 21.06.2008. From the perusal of the aforesaid document, it appears that pursuant to the direction of this Court in CWP No.10880 of 2008, the District Electoral Officer prepared a report and indicated therein that many votes of Gram Panchayat Mau Sahib have been included in the Gram Panchayat Miaonwal. It was indicated in the aforesaid report that about 205 votes of village Mau Sahib are included in village Miaonwal and on his recommendations the State Election Commission postponed the elections. Thereafter, the voter list for CWP No.12372 of 2008 & CWP No.2794 of 2009 -3- the village Miaonwal was amended and fresh elections have been notified vide Annexure P-15. The grievance of the petitioners is that deletion of their names from the voter list of village Miaonwal is illegal and unwarranted. According to the petitioners, the entire exercise has been carried out at the instance of above-mentioned MLA namely Sh. G.S.Bhullar, who belongs to the ruling party. Even though, the allegations have been made against the then MLA, however, it is noticed that he has not been impleaded as a party to the writ petition and thus, the allegations cannot be gone into. Otherwise also, merely alleging that the voter list has been amended at the instance of MLA is not sufficient unless sufficient material is placed on record to substantiate the allegations. There are only bald allegations and the person against whom the allegations have been made, has not been impleaded as a party, so he has no opportunity to rebut the same. These allegations thus cannot be taken on the face value. 4. The contention on behalf of the petitioners is that the election should be held on the basis of the old voter list wherein the names of the petitioners have been incorporated. On the basis of the plea of the petitioners, this Court vide its order dated 24.02.2009 deferred the election schedule to be held on 25.02.2009. 5. The State-respondent filed a detailed reply. It is stated that pursuant to the order passed by this Court in CWP No.10880 of 2008, the representation of the petitioner therein was examined. Naib Tehsildar, Phillour, visited the spot at village Miaonwal on 20.06.2008 and inquired into the matter. It was found that about 205 voters whose names were recorded in the electoral list of village Miaonwal were actually residents of village Mau Sahib and he submitted his report. On the basis of the aforesaid CWP No.12372 of 2008 & CWP No.2794 of 2009 -4- report, the election schedule to be held on 22.06.2009 was postponed. 6. It is also the case of the respondent-State that on the basis of the report of the Naib Tehsildar, the voter list of village Miaonwal was corrected on 02.08.2008. Out of the total votes, 204 votes from the electoral list of the said village were deleted. It was found that 186 voters pertaining to residents of village Mau Sahib were included in the voter list of village Miaonwal and 18 other voters whose names were also in the voter list of Miaonwal were either dead or females who had left the village on their marriage. In the meantime, it appears that the petitioner filed another writ petition No.12372 of 2008 for seeking a direction to hold the election of Gram Panchayat Miaonwal on the basis of the old electoral list. The said writ petition is however pending. 7. Respondents have also placed on record demarcation report Annexure R-1 with the reply. From the perusal of the demarcation report, it appears that the boundaries of two villages were demarcated and the petitioners alongwith about 204 voters were found to be residents of village Mau Sahib and accordingly, after demarcation, the correction was made in the voter list of the village Miaonwal. 8. The order of demarcation is not under challenge nor the order of correction of the voter list is under challenge. What has been challenged in this writ petition is Annexure P-15, an order whereby the new election schedule was notified on the basis of the amended/revised voter list. It has been established on record that the names of the petitioners alongwith other residents of village Mau Sahib were incorporated and included in the voter list of village Miaonwal. Even though they were not residents of said village. They could not have been voters of this village particularly for CWP No.12372 of 2008 & CWP No.2794 of 2009 -5- Panchayat elections. The respondents have thus rightly and validly deleted their names from the voter list of village Miaonwal and incorporated their names in the voter list of village Mau Sahib. It is lastly contended on behalf of the petitioners that election for the village Mau Sahib has already been held and in this manner, the petitiones have been prevented from electing their representative either in village Mau Sahib or in village Miaonwal. This cannot be a ground for including their names in village Miaonwal when they are admittedly not residents of said village. Since their names already stand included in the voter list of village Mau Sahib, they will be entitled to exercise their franchise as and when any fresh election is held in the said village. 9. I do not find any fundamental, statutory or any other rights of the petitioners have been infringed. The election of the village Gram Panchayat was deferred by this Court vide order dated 24.02.2009. 10. In view of the above circumstances, these petitions are disposed of with a direction to the respondent-State to hold the election for the Gram Panchayat of village Miaonwal on the basis of the revised/amended voter list within a period of 3 months in accordance with law. 11. A copy of this order be placed on each connected file. 18.09.2009 (PERMOD KOHLI) shamsher JUDGE