Sukhwinder Singh and Others Vs. State of Punjab and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1065727
CourtPunjab and Haryana High Court
Decided OnJul-01-2013
AppellantSukhwinder Singh and Others
RespondentState of Punjab and Others
Excerpt:
in the high court of punjab and haryana at chandigarh cwp no.10939 of 2013 date of decision :01. 07.2013 sukhwinder singh and others ...petitioners versus state of punjab and others ....respondents coram :- hon'ble mr.justice satish kumar mittal hon'ble mr.justice mahavir s. chauhan present: mr.navkiran singh, advocate, for the petitioners.mr.amit singh sethi, addl. a.g., punjab. *** satish kumar mittal, j. ( oral ) the petitioners.who are residents of village fatehpur nawan, post office bakhshiwala, tehsil and district patiala, have filed the instant petition for issuing direction to the deputy commissioner, patiala (respondent no.2 herein) to make correction in the voter list, published on 4.4.2013, as in spite of acceptance of their objections for transferring their votes from ward no.4 to ward no.2, the voter list has been wrongly published showing their votes in ward no.4. in the written statement, a definite stand has been taken that the objections filed by the petitioners for transfer of their votes from ward no.4 to ward no.2 were not accepted, rather the same were rejected by a cwp no.10939 of 2013 -2- speaking order dated 2.1.2013, copy of which has been annexed with the written statement as annexure r-1. against rejection of the aforesaid objections, remedy of appeal has been provided under the punjab state election commission act, 1994 (hereinafter referred to as `the act').which has not been availed by the petitioners.in spite of these facts, it is admitted position that the election process has already started and elections to the gram panchayat of the village of the petitioners are scheduled to be held on july 03, 2013. in these facts, we are not inclined to entertain this petition. faced with this situation, learned counsel states that the petitioners may be permitted to withdraw this petition with liberty to avail the alternative remedy under the provisions of the act and the punjab panchayati raj act, 1994. dismissed as withdrawn with the aforesaid liberty. ( satish kumar mittal ) judge july 01, 2013 ( mahavir s. chauhan ) ndj judge
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.10939 of 2013 DATE OF DECISION :

01. 07.2013 Sukhwinder Singh and others ...PETITIONERS Versus State of Punjab and others ....RESPONDENTS CORAM :- HON'BLE Mr.JUSTICE SATISH KUMAR MITTAL HON'BLE Mr.JUSTICE MAHAVIR S.

CHAUHAN Present: Mr.Navkiran Singh, Advocate, for the petitioneRs.Mr.Amit Singh Sethi, Addl.

A.G., Punjab.

*** SATISH KUMAR MITTAL, J.

( Oral ) The petitioneRs.who are residents of village Fatehpur Nawan, Post Office Bakhshiwala, Tehsil and District Patiala, have filed the instant petition for issuing direction to the Deputy Commissioner, Patiala (respondent No.2 herein) to make correction in the voter list, published on 4.4.2013, as in spite of acceptance of their objections for transferring their votes from Ward No.4 to Ward No.2, the voter list has been wrongly published showing their votes in Ward No.4.

In the written statement, a definite stand has been taken that the objections filed by the petitioners for transfer of their votes from Ward No.4 to Ward No.2 were not accepted, rather the same were rejected by a CWP No.10939 of 2013 -2- speaking order dated 2.1.2013, copy of which has been annexed with the written statement as Annexure R-1.

Against rejection of the aforesaid objections, remedy of appeal has been provided under the Punjab State Election Commission Act, 1994 (hereinafter referred to as `the Act').which has not been availed by the petitioneRs.In spite of these facts, it is admitted position that the election process has already started and elections to the Gram Panchayat of the village of the petitioners are scheduled to be held on July 03, 2013.

In these facts, we are not inclined to entertain this petition.

Faced with this situation, learned counsel states that the petitioners may be permitted to withdraw this petition with liberty to avail the alternative remedy under the provisions of the Act and the Punjab Panchayati Raj Act, 1994.

Dismissed as withdrawn with the aforesaid liberty.

( SATISH KUMAR MITTAL ) JUDGE July 01, 2013 ( MAHAVIR S.

CHAUHAN ) ndj JUDGE