»"—' rfy^ « ~w '^-^ v HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENGH Coram : HON'BLESHR! RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNIL KUMAR SINHA, J. W,P.No.4S03of2004 (P.I.L.) PETITIONERS RESPONDENTS 1. Shri Sheikh Ansar, Viee President, Chhattisgarh Mukti Morcha Shaheed Nagar, Beergaon, Distrtet Raipur (C.G.) 2. Radheshyam Sahu, S/o Manihar Sahu, R/o Ward No.14, Mazdoor Nagar, Sarora, District Raipur (Chhattisgarh) Versus 1. State of Chhattisgarh, Through the Secretary, Department of Local Self Government (Urban), DKS Bhawan, Mantralaya, Vice President, Raipur (Chhattisgarh) 2. Chhattisgarh Rajya Nirvachan Aayog Through District Election Officer, Raipur (C.G.) 3. District Collector, Raipur (C.G.) 4. Chlef Munteipal Officer, Nagar Palika Parishad, Beergaon, District Raipur (C.G.) 5. Registration Officer, Ward No.14, Nagar Palika Parishad, Beergaon, District Raipur (C.G.) 6. Chhattisgarh State Industrial Development Corporation Through Managing Director Petition Under Article 226/227 ofthe Constitutionof India Present: Smt. Sudha Bhardwaj, learned counsel tor the pstitioners. Shri N.K. Agrawal, learned Deputy AdvocateGeneral for the State/ respondents No. 1 and 3. .4s i. -i-.^J ^^:y 2 '^•1 Shri Pramod Verma, learned Senior Advoeate with Shri Sumit Verma, learned counse! for respondent No.2 and 5. R.M. Solapurkar, leamed counsel for None for respondent No.6. O R 0 E R th The following order of the Court' was passed by RajeevGupta, C.J. The petitioners have filed thls writ petition styled as 'Public Interest Litlgation' for the followlng reliefs: "The petitioner craves the indulgence of the Hon'ble Court; (i) To kindty call for the records of the case from the respondents. (ii) To kindly quash the impugned order Annexure P/5 of the Respondent No.4 refusing to add the names of the petitioner No.2 and 342 other similarly situated persons of the Mazdoor Nagar settlement. (fii) To kindly direct the respondent No.1 to restore the names of the petitioner No.2 and other residents of the Mazdoor nagar settlement which have been arbitrarily deleted from the electoral rolls of Gram Sarora. (iv) To Kindly direct that the cases of those residents of Mazdoor Nagar who might have become eligible to vote between April 2004 and the present date might be processed expeditiously so as to be included in the electoral roite before the date of electlon. (v) To kindly restrain the respondents from . victimizing and harassing the petitioners for having raised the issue of encroachment of 1^9 industrial establishments on the common lands of Village Sarora. (vi) To kindly make any other order that may be de'emed fit and just in the facts and circumstances of the case including awarding of the costs to the petltioner." 2. The petitioners, thus, in substance are seeking quashing of the order <Annexure-P/5) whereby respondent No.4 - Chief Municipal Officer, Nagar Palika Parishad, Beergaon, District Raipur has turned down the request made by petitioner No.1 for the inclusion of the names of as many as 342 persons In the electoral roll prepared under Section 32 ofthe M.P. Municipalitles Act, 1961(for short "the Act") for newly constituted Beergaon Municipal Council. 3. As those persons who were seeking inctusion of thetr names in the electoral rolls can avail the statutory remedy under the Act, in their individual capacity, we decline to entertain the writ petition flled bythe petitionere as 'Public Interest Litigation'. 4. The writ petition, therefore, is liable to be dismissed and is herebv dismissed. Sd/- ^- Chief Justice Sd/- Sunil Kumar Sinha Judge subbu