Disposed

Mohan Lal v. Election Commissioner Haryana etc.

Punjab & Haryana HC6 Nov 2015CWP/23761/2015

Case brief

AI extract

What is this about?

The cited elector complained that non-residents were listed in the electoral roll without deletion despite complaints. The High Court directed the authorities to ascertain facts and act under natural justice before upcoming elections.

What did the court decide?

Direction to respondents to ascertain facts and take action under natural justice principles before elections.

Mohan Lal Vs Election Commissioner Haryana etc. — Election Law | Punjab & Haryana HC (2015)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No.23761 of 2015 Date of Decision: November 06, 2015

Mohan Lal

....Petitioner

versus

Election Commissioner Haryana and others .....Respondents

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CORAM: HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE P.B.BAJANTHRI.

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Present: Mr.Ashok Kaushik, Advocate, for the petitioner. Ms.Kirti Singh, Deputy Advocate General, Haryana.

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-.-

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Whether Reporters of Local papers may be allowed to see the judgment?

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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Surya Kant, J. (Oral)

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Notice of motion.

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On our asking, Ms.Kirti Singh, learned Deputy Advocate General, Haryana, accepts notice on behalf of the respondents.

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Let three copies of the writ petition be supplied to the State counsel during the course of day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non-prosecution.

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In view of the nature of order which we propose to pass, it is not necessary to seek any counter-reply from the respondents at this stage.

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The short grievance of the petitioner is that though in a fact-finding enquiry, the authorities have found that the persons mentioned in the communication dated

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MOHINDER KUMAR 2015.11.18 12:01 I attest to the accuracy and authenticity of this document Chandigarh

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[2]

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CWP No.23761 of 2015

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29.0.6.2015 (P-1) are not bonafide residents of village Mandkol, Tehsil and District Palwal, yet their names have been included in the revised electoral rolls and the same are not being deleted despite several complaints made by the petitioner and other residents. It appears from the contents of communication (P-2) that the Additional Deputy Commissioner, Palwal has forwarded the complaint to the District Development and Panchayat Officer, Palwal on 17.09.2015 to take appropriate action within 24 hours and report his office but nothing appears to have been done so far.

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In these circumstances and without expressing any views on the merits of the petitioner's allegations, we dispose of this writ petition with a direction to respondent Nos.2 & 3 to ascertain the correct facts and take the necessary action in accordance with the principles of natural justice well in advance before the Gram Panchayat elections are held.

Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE

November 06, 2015 [P.B.BAJANTHRI] mohinder JUDGE

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MOHINDER KUMAR 2015.11.18 12:01 I attest to the accuracy and authenticity of this document Chandigarh

Mohan Lal v. Election Commissioner Haryana etc.

Case brief

What is this about?

What did the court decide?

Mohan Lal v. Election Commissioner Haryana etc.

Case brief

What is this about?

What did the court decide?

What the court decided

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