Ajay Mohan Goel, J
CMP No. 643 of 2021
1. Allowed and disposed of.
CWP No. 419 of 2021
2. Notice. Mr. Adarsh Sharma, learned Additional Advocate General accepts notice on behalf of respondents-State. Mr. Ajeet S. Saklani, learned
counsel accepts notice on behalf of respondent-Election Commission.
3. With the consent of the learned counsel for the parties, this petition is being disposed of at this stage itself.
4. By way of this writ petition, the petitioners have prayed for the following reliefs:-
“(i) That the writ of mandamus may kindly be issued, directing the respondents to decide the representation dated 15.12.2010( Annexure P-2) filed
by the petitioners for correction of electoral rolls of Ward No.4, Rehal Bychari, Gram Panchayat Bychari, Tehsil and District Shimla, H.P. with
respect to deletion of names of fake/bogus voters as mentioned in Annexure P-2.
(ii) That writ of mandamus may kindly be issued, directing the respondents to carry necessary correction in the voters list ( Annexure p-1) for Ward
No.4, Rehal Bychari, Gram Panchayat Bychari, Tehsil and District Shimla, H.P. and delete the names of the persons mentioned in Annexure P-2,
since such persons are not eligible being barred under sub-rule (a) & (d) of the Himachal Pradesh Panchayat Raj ( Election ) Rules, 1994â€.
5. Mr. B.S. Attri, learned counsel for the petitioners has argued that the petitioners have made a representation vide Annexure P-2 for deletion of
fake/bogus/incorrect voters from the voter list of Ward No. 4, Rehal Bychari, Gram Panchayat Bychari, Tehsil and District Shimla, H.P., on
15.12.2020.The representation was duly processed and inquiry was also conducted. The grievance of the petitioners is that despite the fact that the
inquiry on the representation so made by the petitioners stands concluded, yet, no final order has been passed by the competent authority though the
elections to the Gram Panchyat concerned are scheduled for 21.01.2021 and order on the representation of the petitioners, but obvious, will have an
effect on the same, as it, but natural, is going to alter the existing voter list which contains the names of fake/bogus voters. In this view of the matter, it
has been prayed that there is necessity for issuance of a direction to the respondents that the appropriate authority should pass orders on the
representation so made by the petitioners as early as possible.
6. In view of the prayer which has been so made by learned counsel for the petitioners, this writ petition is disposed of with the direction that the
orders on the representation so made by the petitioners Annexure P-2, dated 15.12.2020, if already not passed, be positively passed on or before
15.01.2021 by 5:00 pm. It is clarified that no further extension of time, for any reason whatsoever, shall be granted in this regard. The authority shall
have to pass appropriate orders on the representation of the petitioners within the time granted by the Court. It goes without saying that the order to be
passed on the representation shall be a reasoned and speaking order.
7. The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.
Copy dasti.
