Civil Writ Petition No. 12302 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 12302 of 2010 Date of Decision: 15.7.2010 Baldev Singh and Another …Petitioners Versus The State of Haryana and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. A.K.Chopra, Senior Advocate with Mr. Harminder Singh for the petitioners. Kanwaljit Singh Ahluwalia, J. (Oral) As per the averments made in the writ petition, the election of Gram Panchayat of village Sakra, Tehsil Pundri, District Kaithal, were scheduled to be held in the month of June 2010. The electoral rolls were published on 21.5.2010. The dates for filing of nomination papers were fixed as 22.5.2010 and 24.5.2010, respectively and the date of their scrutiny was fixed as 25.5.2010. The petitioners did not find their names in the electoral rolls. They raised a grievance and moved a representation before the Election Commission. This mistake was realized by the authorities and the names of the petitioners were included in the electoral rolls on 11.6.2010. Regarding this lapse, the Election Commission has also ordered that an inquiry be conducted and Civil Writ Petition No. 12302 of 2010 2 the responsibility be fixed upon the erring officials. Learned counsel has urged that due to non-inclusion of the names of the petitioners in the electoral rolls, their right to contest the election has been denied. He further submitted that deletion of the names of 90 voters, including the petitioners, was due to malafide reasons and therefore, democracy at grassroots level has suffered. It has been further urged that since the names of the petitioners were included on 11.6.2010 and the election was scheduled on 12.6.2010, therefore, the petitioners have been denied their lawful remedy. In the writ petition it has been prayed that a writ in the nature of certiorari be issued and election of Sarpanch of village Sakra be quashed and further direction be issued to the respondents to hold the election afresh. Be that as it may, the writ Court is hesitant to cause any interference as the election has already been held and the result has been declared. The petition has been filed thereafter. This Court, while exercising the powers of writ jurisdiction under Article 226 of the Constitution of India, cannot order that the election has vitiated especially when the elected candidates have not been arrayed as respondents. This petition has also to suffer dismissal for non-impleadment of necessary parties. This Court will also refrain to adjudicate the argument that due to delay in inclusion of names of the petitioners in the voter list, they were deprived of legal remedy, as after the election, clock cannot be put back against the wishes of the majority who had exercised their franchise and have elected office bearers of Gram Sabha. Civil Writ Petition No. 12302 of 2010 3 In view of the above, the present writ petition is hereby dismissed in limine. (Kanwaljit Singh Ahluwalia) Judge July 15, 2010 “DK”