CWP No.5534 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.5534 of 2009 DATE OF DECISION: May 4, 2009 GRAM PANCHAYAT VILLAGE KOT MITHAKA ...PETITIONERS & ANR. VERSUS STATE OF HARYANA & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MS. JUSTICE NIRMALJIT KAUR. PRESENT: MR. R.S. SIHOTA, SR. ADVOCATE WITH MR. B.R. RANA, ADVOCATE FOR THE PETITIONER. MR. GAGANDEEP SINGH WASU, DAG, HARYANA. MR. RAVINDER HOODA, ADVOCATE FOR RESPONDENTS NO.6 TO 11. ASHUTOSH MOHUNTA, J. This order will dispose of CWP No.5534 of 2009 and CWP No.6751 of 2009 as common questions of law and fact arise in both the cases. However, the facts are being extracted from CWP No.5534 of 2009, as pleadings are complete in this case. The petitioners have prayed that directions be issued to the Chief Election Officer, State of Haryana and other respondents to change Polling Booth No.123 Mianwali Choupal to its previous location, i.e. to Polling Booth No.123 at Government Middle School, Left Block, Village Kot. The petitioners have also prayed for quashing the notice dated 26.3.2009 (Annexure P-9) issued by respondent No.5 for removal of CWP No.5534 of 2009 -2- unauthorized possession by the occupants and the show cause notice dated 2.4.2009 (Annexure P-8) issued by respondent No.4 under Section 4(1) of the Public Premises (Ejectment and Recovery of Rent) Act, 1972 Haryana. Briefly the facts of the case are that on 2.6.2008, about 100 persons belonging to village Kot, Tehsil Hathin gave a written application to the Electoral Registration Officer, Sub Divisional Office, Hathin wherein it was averred that they belong to lower castes, namely, Saka, Faqir, Nai, Lohar, Harijans, etc. and that whenever in the past they have gone to cast their votes at Polling Booth No.123 of village Kot in Government Middle School or in Government Girls Primary School they find that their votes have already been cast by the dominant community and hence they are precluded from voting. It was also averred that every time they raise their objections with regard to casting of votes by other members of the village, a quarrel had taken place and they were beaten up. It was requested by them that Polling Booth No.123 at Government Middle School, village Kot be shifted to Polling Booth at Mianwali Choupal in village Kot. On receipt of application by more than 100 voters of village Kot, Tehsildar, Hathin was deputed to conduct an enquiry and report regarding the matter. The Tehsildar submitted his report which is as under:- “This complaint has been made due to party faction in the village. One party wanted Booth No.123 in Mianwali Chopal and the other party who have influence in the village wanted the booth in the Government Middle School because the houses of the influential people are adjacent to the School. Whereas there is question of transferring this booth to the State Girls CWP No.5534 of 2009 -3- Primary School, this School is within the area where there is Govt. Middle School (where there was earlier booth No.123). The weaker section of the village as Sakka, Fakir, Nai, Lohar, weaker castes people are in favour of election booth in the Mianwali Chopal, they are not in election booth on the Mianwali Chopal, they are not in favour of making booth No.123 in Government Primary Girls School. Because they said that if the booth is made in Government Primary Girls School, then their problem will be same and the people want that booth No.123 should be in Mianwali Chopal and it should not be transferred. The undersigned keeping in view the sentiments of lower castes people as Saka, Fakir, Nai, Lohar, etc. of village Kot recommend to keep Booth No.123 in Mianwali Chopal so that the people of this area can cast their votes independently without any fear. There are 1522 votes in booth No.123 and out of this 600 votes of these lower castes people. About 400 votes of village Meethaka and other 522 votes of Mew caste of village. It is also pertinent to mention here that in Mianwali Chopal at that time Hazar Khan son of Ajadeen is living temporarily because few days back his house was fallen. This person is living temporarily as per consent of the nearby people. Hajjar Khan son of Ajadeen has stated in writing that he has no objection if the booth is made in Mianwali Chopal (copy enclosed) and he will vacate the Chopal when there will be election in the booth of Chopal. CWP No.5534 of 2009 -4- Report is submitted please. Sd/- Electoral Registration Officer, 82-Vidhan Sabha Area Hathin and Sub-Divisional Officer (N) Hathin.” On the basis of the aforementioned report Polling Booth No.123 at Government Middle School of village Kot was shifted to Polling Booth No.123 at Mianwali Choupal in village Kot. Feeling aggrieved the petitioners filed CWP No.1832 of 2009, titled Gram Panchayat Village Kot Mithaka vs. State of Haryana which was disposed of with a direction to the Chief Election Commission to take a final decision on the representation (Annexure P-4) filed by the petitioners within one month from the date of receipt of certified copy of this order. The matter was considered by the Election Commission of India and the representation filed by the petitioners was rejected and it was held that location of Polling Booth No.123, Hathin Assembly Constituency shall not be changed from the present location, i.e. at Mianwali Choupal. It his this order that has now been impugned in the present writ petition. Counsel for the petitioner has relied on Clause 3.8 of Chapter II relating to location of polling stations and contends that as per this clause the polling station should be located in schools (Government/Aided) and other Government or semi-Government institutions as furniture and equipment required would be easily available there. Learned counsel has also place reliance on Clause 3.9 according to which no polling station should be located in Police Stations, Hospitals, Temples or places having religious significance. It is contended by Mr. Sihota, learned counsel for the CWP No.5534 of 2009 -5- petitioner that earlier polling station was located in Government School, therefore, same was the most suitable place for polling of votes. Counsel for the petitioner has also placed reliance on a report dated 20.3.2009, from the office of Deputy Commissioner, Palwal (Annexure P-7) wherein the Deputy Commissioner recommended that keeping in view the local conditions it would be proper to change the polling station again from Polling Station 123 Mianwali Choupal to Government Middle School, village Kot. The argument raised by the counsel for the petitioners has been opposed by the counsel appearing for the respondents. It has been averred that whenever the residents of village Kot who belong to backward and weaker sections of society like Mian, Saka, Nai, Lohar, Harijans, etc. went to cast their vote at the earlier polling station, i.e. Polling Station No.123, Government Girls School, village Kot, the voters of the weaker sections would find that their votes have already been cast by the influential people of the village and they were precluded from voting. Therefore, in order to ensure that there was free polling, the booth was changed from Mianwali Choupal in village Kot. It has also been averred that they whenever the weaker sections tried to complain about the wrongful casting of their votes by the dominant community in the village, they were beaten up and chased away and hence a decision was taken to shift the Polling Station No.123 to Mianwali Choupal. We have heard the counsel for the parties at length. A perusal of the aforesaid facts clearly shows that whenever the weaker sections of the society such as Faqir, Saka, Nai, Lohar, Harijans, etc. went to cast their vote in Polling Booth No.123 in Government Primary CWP No.5534 of 2009 -6- School they realized that their votes have already been cast and whenever they tried to complain about this, then a quarrel would ensue and they were chased away. Thus, the weaker sections were precluded from exercising their franchise. In order to permit these people to vote freely, the polling booth was shifted to Mianwali Choupal. The Election Commission considered the report submitted by the Sub Divisional Officer (Civil), Nuh as well as the report of the Deputy Commissioner, Palwal and rejected the request of the petitioners for change of location of polling booth in village Kot. While shifting the Polling Booth to Mianwali Choupal the distance from the house of the applicants and other voters of the village was also considered. Thus, we find no infirmity in the decision of the Election Commission to change the Polling Booth from Government Primary School to Mianwali Choupal. Apart from the above, the polling would now be held in a village choupal which is in a way a public place and voters of the village would be able to cast their votes freely without any fear. In view of above, we find no merit in the writ petition and the same is dismissed. (ASHUTOSH MOHUNTA) JUDGE May 4, 2009 (NIRMALJIT KAUR) Gulati JUDGE