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L.P.A. No.1597 of 2012

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

L.P.A. No.1597 of 2012 Date of Decision: 10.10.2012

Sada Nand Punia and others

Vs.

……Appellants

The Registrar Co-operative Societies, Govt. of Haryana and others

…..Respondents

COROM:- HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE RAJIV NARAIN RAINA

Present: Mr. R.S. Tacoria, Advocate for the appellants.

HEMANT GUPTA. J.(Oral)

The present appeal under Clause X of the Letter Patent is directed against an order dated 5.10.2012 passed by the learned Single Judge of this Court whereby the writ petition filed by the appellants challenging the finalisation of the voter list by rejecting objections filed by the appellants was dismissed.

Learned Single Judge has recorded a categoric finding that the deletion of names from the voters list would be a ground for filing election petition and that the appeals cannot be permitted to challenge the election through a writ petition.

This Court in C.W.P. No.1116 of 2011 Dawarka Nath and another v. Returning Officer and others, set aside the election program  in question and directed the Returning Officer to prepare a fresh voter list vide order dated 10.2.2011. It is in pursuance of the direction of this Court, voter

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list has been finalised. The objection filed by appellant No.1 has been declined for the reason such such appellant has no voting right for the reasons mentioned in the earlier order passed by the Returning Officer on 18.7.2012.

Learned counsel for the appellants vehemently contended that out of 9,000 voters, names of as many as 3,000 voters have been deleted from the voters list, therefore, such deletion of names of the voters from the voters list confers cause of action to the appellants to challenge the preparation of the voters list by way of writ petition.

We do not find any illegality in the order passed by the learned Single Judge. It has been held that deletion of names from the voters list would be a ground for challenge in the election petition. It is more so, when the voters list has been finalised in pursuance to the direction given by this Court.

Dismissed