Anurag Thapliyal vs State Election Commission And Others

Alok Kumar Verma, J

As per the writ petition, there were 1375 illegal voters in the Nagar Palika Parishad, Mussoorie and even after removing their names from the voter list, the names of about 1000 unauthorised voters are still registered in the voter list. In this regard, the petitioner had filed his objections before the respondent no.3, which have been decided against the law vide letter dated 26.10.2024. Therefore, the present Writ Petition has been filed under Article 226 of the Constitution of India with the following prayers :-

“i. Issue a writ, order or direction in the nature of certiorari to quash the letter No. 1227 issued by Respondent No. 3 Electoral Registration Officer (Local Bodies), Sub Divisional Magistrate Mussoorie, District Dehradun, Respondent No. 3 (contained in Annexure No. 14).

ii. Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to decide the objection dated 20/9/2024 filed by the petitioner by or before publication of final electoral list of Municipal election of Nagar Palika Mussoorie, Distt. Dehradun. (contained in Annexure No. 4)

iii. Issue any other suitable writ order or direction which this Hon'ble Court may deem fit, just and proper under the facts and circumstances of the case.”

Heard Mr. Siddhartha Sah, learned counsel for the petitioner, Mr. Prem Prakash Bhatt, learned counsel holding brief of Mr. Sanjay Bhatt, learned counsel for respondent no.1, Mr. Devendra Singh Bohra, learned Standing Counsel for the respondent nos. 2 & 3 and Mr. Bhuwan Bhatt, learned counsel for the respondent no.4.

Mr. Devendra Singh Bohra, Advocate, submitted that the said representation dated 20.09.2024 was not in accordance with rules, therefore, the said representation has been dismissed.

Mr. Siddhartha Sah, Advocate, has requested to grant the petitioner three days’ time to move a fresh representation before the respondent no.3 in accordance with rules.

Mr. Devendra Singh Bohra, Advocate, has submitted that in case, the petitioner moves his representation within three days from today, the said representation shall be decided within two weeks from the date of filing the representation.

With the consent of both the parties, the present Writ Petition (WPMS No.3195 of 2024) is decided with the direction that in case, the petitioner moves his representation within three days from today in accordance with rules, the respondent no.3 shall decide the same within two weeks thereafter as per law.

It is made clear that this Court has not expressed any opinion on the merits of the case.

Let a certified copy of this order be provided to the learned counsel for the parties, today itself, on payment of usual charges.