IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 8289 of 2010. Decided on: December 22, 2010. Uday Singh & ors. …..Petitioners. Versus State Election Commission & ors. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K.Ahuja, Judge. For the petitioners: Mr. B.C.Negi, Advocate. For the Respondents: Mr. Onkar Jairath, Advocate, for respondent No.1. Mr. R.K. Bawa, AG, with Mr. J.K.Verma, Dy. AG, for respondents No. 2 &3. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petitioners were originally included in Ward No. 4 of Gram Panchayat Pab Manal. The petitioners filed application for inclusion of their names in Ward No. 5 and the same was allowed. The petitioners were shown in Ward No. 5, as per order dated 8th December, 2010. It appears, thereafter, one Mr. Rati Ram, filed objections before the Deputy Commissioner, against the inclusion of the names of the petitioners in Ward No. 5. It is seen that the Deputy Commissioner called the petitioners for hearing. Before the Deputy Commissioner, the petitioners filed their statement that they should be retained in Ward No. 5 only. However, on perusal of records, it is seen that the Deputy Commissioner has passed an order deleting their names from Ward No. 5 including and placing them in Ward No. 4, as per order dated 13th December, 2010. Aggrieved, the petitioners have come up before this Court in this Writ Petition. 2. On 21.12.2010, this Court passed the direction to the competent officer to be present before this Court, with records. On going through the records, the facts as we have stated above are true. The 2 question is whether the Deputy Commissioner could have entertained any objection against the inclusion of the name of a voter in the voters list beyond the time prescribed under Rule 23 of the H.P. Panchayati Raj Election Rules. The Rule clearly prescribes a period of nine days prior to the last date of filing the nomination. The last date of filing nomination is 14th December, 2010. Therefore, any objection with regard to the inclusion of the names in the voters list could have been entertained only prior to 14th December, 2010. It is seen that the Deputy Commissioner entertained the objections filed by one Mr. Rati Ram on 8th December, 2010 and on that application only, the impugned orders have been passed. Though the learned standing counsel for the Election Commission submitted that the petitioners have a remedy of appeal before the State Election Commission and they can also pursue the matter in a properly constituted election petition, we are afraid both the contentions cannot be appreciated. As far as the appeal before the State Election Commission is concerned, since it is clear from the records that the Deputy Commissioner has acted wholly without jurisdiction, there is no need to relegate the petitioners to pursue their statutory remedy of appeal before the State Election Commission. Equally so, since the Deputy Commissioner has acted without jurisdiction, there is no point in relegating the petitioners to the election petition. Therefore, the impugned orders are quashed with the direction to the competent authority that the petitioners shall be retained in Ward No. 5 of Gram Panchayat Pab Manal. 3. With these observations, the Writ Petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. December 22, 2010. ( Justice V.K.Ahuja ), (karan) Judge.