Smt. Sukhmanti Singh Gond Vs State of Chhattisgarh

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V

2024:CGHC:49663

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 6207 of 2024

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1 - Smt. Sukhmanti Singh Gond W/o Heera Singh Gond Aged About 39 Years R/o Village Podi Gram Panchayat Koilara, Tehsil Bharatpur, District : ManendragarhChirmiri-Bharatpur, Chhattisgarh

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The Secretary, State Election Commission, Sector 9, North Block, New Raipur, Atal Nagar, District Raipur, Chhattisgarh.

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2 - Collector, Collectorate, District – Manendragarh-Chirmiri-Bharatpur (C.G.)

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3 - Sub-Divisional Officer(R)-Cum-Election Registration Officer Janpat Panchayat Bharatpur, District Manendragarh-Chirimiri-Bharatpur (C.G.)

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4 - Tehsildar, Tehsil Bharatpur, District – Manendragarh-Chirmiri-Bharathpur (C.G.)

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... Respondent(s)

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------------------------------------------------------------------------------------------------For Petitioner : Mr. Shakti Raj Sinha, Advocate. For Respondents : Mr. Satish Gupta, Govt. Advocate.

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Hon'ble Mr. Justice Naresh Kumar. Chandravanshi

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Order On Board

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16-12-2024

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Instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking following reliefs :-

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(i) That, this Hon'ble Court may kindly be pleased to set aside the impugned order dated 30.11.2024 passed by respondent No. 3 and

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direct the respondent authorities to add the name of the petitioner in the voter list of Village Podi Gram Panchayat Koilara.

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(ii) That, this Hon'ble Court may kindly direct the respondents to ensure the deletion of the petitioner's name from the voter list of Nagar Panchayat Janakpur or any other voter list where her name is currently recorded, to avoid duplication and ensure compliance with the law.

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(iii) That this Honb'le Court may kindly be pleased to grant any other relief which this Hon'ble Court may deem fit with regard to this case.

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Learned counsel for the petitioner submits that the petitioner is originally resident of village Podi, Village Panchayat Koilara, Janpad Panchayat Janakpur, Tehsil Bharatpur, District Manendragarh-ChirmiriBharatpur (for short, 'M.C.B.'). It is contended that aforesaid fact has also been reported by Assistant Election Registration Officer, Kotadol in its report, which is reflected from impugned order dated 30.11.2024 passed by SubDivisional Officer (Revenue)-cum- Election Registration Officer, Janpad Panchayat – Bharatpur, District M.C.B (C.G.), respondent No. 3 herein in Revenue Case No. 202411330200011/A-89-21/2024-25 . It is further contended that in the year 2019, the petitioner was residing at village Janakpur, as there is her agricultural land in that village also, therefore, her name was entered in voter list of Janakpur, Nagar Panchyat, Janakpur. But, since in the year 2023, the petitioner has left village Janakpur and residing at her native place i.e. village Podi, therefore, she filed an application for deleting her name from the voter list of village Janakpur and Annexue P-5 dated 23.11.2024 is its receipt. It is next contended that the petitioner has

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filed an application (Annexure P-2) before Sub-Divisional Officer(Revenue)cum-Election Registration Officer, Gram Panchayat Koilara, District M.C.B. to add her name in the voter list of village Panchayat Podi and the same has been dismissed by SDO (R) -cum-Election Registration Officer, Janpad Panchayat Bharatpur, District M.C.B. (C.G) vide impugned order dated 30.11.2024 (Annexure P-1). It is further submitted that this petition may be disposed of setting aside the impugned order 30.11.2024 by directing SDO (Revenue) -cum- Election Registration Officer, Janpad Panchayat, Bharatpur, District M.C.B. (C.G.) to re-consider her prayer for deleting the name of petitioner from the voter list of Village Janakpur and added her name in the voter list of village Podi, as both the villages are under the jurisdiction of SDO (Revenue) -cum- Election Registration Officer, Janpad Panchayat, Bharatpur, District M.C.B. (C.G.).

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Per contra, learned counsel for the State has raised no objection to the prayer made by counsel for the petitioner. However, he submits that if name of the petitioner is directed to be added in the voter list of village Podi, then her name may be directed to be deleted from the voter list of village Janakpur subject to condition that if final voter list has not been published.

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On this, learned counsel for the petitioner submits that final voter list has not been published.

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Having considered the aforesaid facts projected by the petitioner, every voter has right to enter his/her name in the voter list of one place and no-one has right to get enter his/her name in the voter list of two places. In the instant case, if petitioner wants that her name be deleted from voter list of Nagar Panchayat Janakpur and the same be added in the voter list of village

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Panchayat Podi and same has also been reported by Assistant Election Registration Officer, Kotadol in its report, which is reflected from impugned order dated 30.11.2024 passed by respondent No. 3, therefore, she has right to change her name from voter list of one place to voter list of another place, which itself is her native place. Therefore, considering aforesaid facts and prayer made by counsel for the petitioner, this petition stands disposed of by setting aside the impugned order dated 30.11.2024 (Annexure P-1) passed by respondent No. 3 - SDO (Revenue) -cum- Election Registration Officer, Janpad Panchayat, Bharatpur, District M.C.B. (C.G.) and he is directed to reopen the revenue Case No. 202411330200011/A-89-21/2024-25 and pass fresh order in respect of redressal of grievance of the petitioner in accordance with law subject to condition that if final voter list has not been published yet.

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With the aforesaid observation & direction, the writ petition stands disposed of.

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Sd/(Naresh Kumar Chandravanshi)

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Judge.

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AMIT Digitally signedby AMIT KUMAR KUMAR DUBEYDate: 2024.12.21 DUBEY 14:16:21 +0530

Smt. Sukhmanti Singh Gond v. State of Chhattisgarh

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Smt. Sukhmanti Singh Gond v. State of Chhattisgarh

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