IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 7989 of 2010. Decided on: August 25, 2011. Shanta Kumari. Versus State of H.P. & ors. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting? Yes. For the petitioner: Mr. Bhupinder Singh, Advocate. For the Respondents: Mr. R.K. Bawa, AG with Mr. Ankush Dass Sood, Addl. AG & Mr. J.K. Verma, Dy. AG for respondents No. 1,3 & 4. Mr. Onkar Jairath, Advocate, for respondent No. 2. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petitioner belongs to Killar ward in District Chamba. There are 18 wards of Zila Parishad in District Chamba. Election to Zila Parishad was conducted in December 2010 except for the ward of Killar. However, election to Killar ward on account of bad weather and the area being snow bound was conducted only in June 2011. It was brought to the notice of this Court that this has been the practice earlier also. So much so the member elected from Killar ward did never get an opportunity to participate in the election to the post of Chairman or vice-chairman. Since such a situation is not in tune with the true democratic principles, this Court on 27.6.2011 passed the following order:- “It appears that valuable democratic right of representative from Ward No. 1- Killar in District Chamba has been defeated though not intentionally. Election to that ward was not conducted along with the elections to other wards. It is seen that as long as election to other wards is completed, Zila Parishad is constituted and so much so member of Killar ward does not get an opportunity to participate in the process of election to the post of Chairman and Vice-chairman and for that matter any committee even. Being a valuable democratic right we are of the view that the Election 2 Commission shall address this serious issue as to how to ensure participation of member of the Killar ward also in the whole process. Whether it is possible to have election conducted prior to winters in Killar ward and declare result thereof (including the process of counting) along with elections to other wards is something to be seriously thought of. It is also open for the election Commission to explore the possibility of any other method as well. The Election Commission shall file its response within a month. Post on 8.8.2011.” 2. Now the Election Commission has filed the affidavit. It is stated at paragraph-4 as follows:- “4. That in pursuance to the observation made by the Hon’ble High Court coupled with the bare provisions of Articles 243 E, the matter was considered in the commission at length. The Commission is of the view that in accordance with the observations made by the Hon’ble High Court the Commission can conduct election for the said ward in the month of October- November, 2015. The ballot boxes can be kept in safe custody, but the counting of the ballot papers of the said ward can be undertaken alongwith all other wards of Zila Parishad Chamba,” 3. We record our appreciation to the well meaning steps taken by the Election Commission. Exercise of franchise and full participation of elected members in the functioning of the elected bodies is one of the sacred principles of the democracy and valuable right of people elected to democratic bodies. Under Article 243 E of the Constitution of India, the duration of the Zila Parishad is five years. The provision should be given full meaning and effect qua Killar ward or such other wards are concerned. The writ petition is hence disposed of with a further direction that in such situations, since there is likelihood of this situation being repeated in other cases also, the Election Commission shall ensure that appropriate timely action is taken so that all the elected members get an opportunity to fully participate in the functioning of the elected bodies. As far as Killar ward is concerned, in future it is made clear that 3 the election will be conducted well in advance when the weather is good but the counting shall be made only along with the counting of the votes of other wards. 4. The writ petition is disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice. August 25, 2011. ( Justice Rajiv Sharma), (vs) Judge.