C.W.P. No.11626 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.11626 of 2010 Date of Decision: 5.7.2010 Salim and others ……Petitioner VERSUS State of Haryana and others ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Manohar Dadwal, Advocate for the petitioners. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to the Reporters or not? Yes 3. Whether the judgment should be reported in the Digest? Yes ALOK SINGH, J. (ORAL) 1. Present petition is filed invoking jurisdiction of this Court under Article 226 of the Constitution of India seeking writ of manda- mus directing the respondents to include the name of the petitioners in the voter list of Village Khetpurali, Ward No.6 Tehsil and Distt. Panchkula and allow the petitioners to cast their votes in village Khet- purali which is going to be held on 6.7.2010. 2. Learned Counsel for the petitioners argued that petition- ers are permanent residents of village Khetpurali, Tehsil and Distt. C.W.P. No.11626 of 2010 -2- Panchkula, however, their names have not been mentioned in the voter list of Village Khetpurali. He further argued that names of the petitioners are wrongly mentioned in the voter list of Village Dullopur as well as in the Village of Salimpur. Learned Counsel for the peti- tioners further argued that petitioners have submitted their represen- tation to the respondents to the effect that their names must have been deleted from the voter lists of Village Dullopur and Salimpur and to include their names in the voter list of Village Khetpurali. 3. Rules 8, 9 and 10 of the Haryana Panchayati Raj Election Rules, 1994 are being reproduced herein:- “8. Preparation of voters list :- The Commissioner shall, subject to the provisions of the Act, cause to be prepared in form 1 a wardwise list of voters in Hindi in Devnagri script of each Gram Panchayat, Panchayat Samiti and Zila Parishad. 9. Publication of voters list :- Each voters list prepared under rule 8 shall be published and affixed at the office of the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, and on the notice boards of the tehsil office and Block Election Office within which the village be and, if the voters list pertains to a ward of Zila Parishad, on the notice board of the District Election Officer (Panchayat) concerned and at one or two conspicuous places within the village to which the list pertains. If the voters C.W.P. No.11626 of 2010 -3- list pertains to a ward of Zila Parishad, it shall be affixed at one or two conspicuous places within each village to which the list pertains. 10. Disposal of claims and objections:- (1) The District Electoral Officer shall, after holding such summary enquiry into the claims or objections as he thinks fit, record his decision in writing within three days from the date of receipt by him of the objection or claim, as the case may be, and shall make available on demand copy of such decision to the objector free of charge forthwith. (2) No person shall be represented by any legal practitioner in any proceeding under this rule. (3) The District Electoral Officer shall amend the voters list in accordance with his decision. (4) The voters list so amended shall be final and copy thereof duly signed by the District Electoral Officer shall be kept in his office and another copy deposited in the office of District Election Officer (Panchayat) and shall be published in the manner prescribed under rule 9.” 4. From the perusal of rules 8, 9 and 10 (supra), it is clear that subject to the provisions of the Act, Commissioner shall prepare voters list in Hindi (in Devnagri script) and voters list prepared under rule 8 shall be published and affixed at the office of the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be. C.W.P. No.11626 of 2010 -4- After publication and affixation of the voters list as provided under rule 9 (supra), any objections submitted shall be disposed of in accordance with rule 10 (supra). 5. On being asked as to whether voters list was published in accordance with Rule 9, learned Counsel replies that although list was published but no objection was preferred by the petitioners, since, petitioners could not see the list. It is further submitted by learned Counsel for the petitioners that only two days ago petitioners came to know that their names are not being mentioned in the voters list of Village Khetpurali and wrongly mentioned in the voters list of Village Dullopur and Salimpur. 6. In the opinion of this Court, petitioners had ample opportunity to submit their objections as per rule 10 of the Haryana Panchayati Raj Election Rules, 1994, which admittedly petitioners did not object. The question of fact as to whether petitioners are resident of Village Khetpurali or not can not be gone into under Article 226 of the Constitution of India. 7. Petition is devoid of merit, hence, is dismissed. ( ALOK SINGH ) 05th July, 2010 JUDGE ashish