Om Prakash vs State Election Commission Himachal Pradesh & others

Learned Advocate General invites attention of this Court to the notification dated 11th April, 2017, providing the following calendar for preparation of electoral rolls:

Draft publication of electoral rolls 11.04.2017

Period for filing claims and objections before the Revising Authority

12.04.2017 to 21.04.2017.

Period for deciding claims and objections by the Revising Authority

Within five days from the filing of claims and objections.

Period for filing appeals before the Electoral Roll Registration Officer

Within three days from the order passed by the Revising Authority

Period for deciding appeals by the Electoral Roll Registration Officer

Within three days from filing of appeal

Final publication of electoral rolls On or before 4th May, 2017.

He further states that by virtue of the statutory provisions, every person aggrieved, including the petitioner, can approach the authorities concerned for inclusion/exclusion of their names from the electoral rolls in respect of various wards of Municipal Corporation, Shimla.

For whatever reason, if names of eligible voters stand excluded or erroneously included, we find that there is a statutory remedy. Prior to the publication of the final electoral roll, parties can file claims/objections which mandatorily are required to be dealt with in accordance with law. Every eligible voter has a right for inclusion of his name in the electoral rolls. As such, we are of the considered view that this fact requires to be widely publicized. The voters are required to be informed and educated of their valuable rights. As such, in the given facts and circumstances, we direct respondents No. 1 and 3 to give wide publication, both in electronic and print media, informing the voters of such rights and passing of this order.

We further direct that the Deputy Commissioner, Shimla (Respondent No. 2) as also Election Commissioner (Respondent No. 1), for the purposes of receiving objections/applications would not only keep their offices open on 30.4.2017 and 1.5.2017 but would also ensure and make adequate arrangements of opening up of at least five centers, with respect to 35 wards for which elections to the Municipal Corporation, Shimla are scheduled to be held. This would only facilitate the voters in filing appropriate applications, to be decided in accordance with law.

We further direct that such of those applications which are received by the authorities, both in their offices and at such centers, shall be considered and decided by the competent authority, strictly in accordance with law.

We find that petition under Section 24 of the Himachal Pradesh Municipal Corporation Election Rules, 2012 (Annexure P-40) is yet pending against respondent No. 1. Ms. Nishi Goel, learned counsel for respondent No. 1 states that the same shall be considered and decided in accordance with law, well before 4th May, 2017. Petitioner undertakes to fully cooperate in adjudication thereof.

In the aforesaid terms, present petition is disposed of , as also pending application(s), if any. Authenticated copy of the order be supplied to the learned counsel for the parties today itself.