Palas Ram & Ors vs State Election Commission & Ors

Jyotsna Rewal Dua, J

Notice. Mr. Surender Sharma, learned counsel, and Mr. L.N. Sharma, learned Additional Advocate General appear and waive service of notice on behalf of the respective respondents.

Petitioners seek a direction to the respondents to enter their names in the voter list of Gram Panchayat Dan, Tehsil Chachiot, District Mandi.

Heard learned counsel for the parties and considered the case file. Petitioners case is that they had been casting their vote in Gram Panchayat, Vidhan Sabha and also Parliamentary Elections. They have placed on record voter list at Annexure P-3, reflecting their names at Sr. No. 132, 133, 136, 137, 138, 139, 200, 201, 202 & 203 of Gram Panchayat Dan, which was prepared during the last Panchayati Raj Elections held in the year 2020. According to the petitioners, their names are not there in the voters list/electoral rolls. Learned counsel for the petitioners submits that right to cast vote is constitutional right provided under Article 326 of the Constitution of India. Petitioners' right have been infringed by the respondents without there being any fault on their part.

Learned counsel for respondent No.1 placed on record the relevant schedule of dates of publication of draft election rolls and preparation of draft electoral roll programme.

4(i) Chapter III of the Himachal Pradesh Panchayati Raj (Election Rules), 1994, pertains to 'Electoral Rolls'. Rules 12 and 13 thereof provide for preparing and maintaining electoral roll for each constituency of a Panchayat. Rule 15 thereof provides for publication of electoral roll in draft. Rule 16 states that every claim for inclusion of name in the electoral roll and objection to entry therein shall be lodged within ten days from the date of draft publication of the electoral roll under Rule 15. Rule 18 provides the manner of lodging claims and objections. As per Rule 18, claim for inclusion of name or objection in relation to inclusion of names/particulars in an entry has to be presented to the Competent Authority in Form No. 2, 3 and 4, respectively. Sub Rule (5) of Rule 18 provides for rejection of claim/objection which is not lodged either within the prescribed period or in the manner specified. Rules 19 and 20 delineate the procedure for issuing notice of claims and objections and also disposal of claims and objections. These Rules being relevant, are extracted as under: -

"12. Electoral roll for every constituency.-

For each constituency of a Panchayat there shall be an electoral roll which shall be prepared in the manner specified in rules 13 to 24 by the District Election Officer (Panchayats) under the superintendence, direction and control of the State Election Commission:

Provided that the State Election Commission may in its own discretion use data base of the Election Commission of India for the preparation of the draft electoral rolls for the elections under these rules.

Provided further that the preparation or revision of electoral roll, as the case may be, shall be taken up as and when so directed by the State Election Commission.

Preparation of electoral roll.-

1) When a direction is given under rule 12, the District Election officer (Panchayats) shall cause to be prepared an electoral roll for each constituency of the Panchayat in accordance with these rules.

(2) The electoral roll shall be prepared in Hindi in Devnagari Script in such form as may be specified by the State Election Commission.

Publication of electoral roll in draft.-

(1) As soon as the electoral roll of a constituency is ready, the District Election Officer (Panchayats) shall publish it in draft, together with a notice in Form-l and make available copies thereof for inspection at his office and in the offices of Gram Panchayat, Panchayat Samiti, Zila Parishad.

(2) The notice under sub-rule (1) shall be given publicity through newspapers having largest circulation in the area, All India Radio, by beat of drum in the constituency and by affixing copies of such notice in the office of the District Election Officer (Panchayats) and at the office of Gram Panchayat, Panchayat Samiti, Zila Parishad and at other conspicuous places where the public has free access. The notice should contain the date by which objections or claims may be filed and the authority or authorities to whom they may be presented.

Period for lodging claims and objections.-

Every claim for the inclusion of name in the electoral roll and every objection to an entry therein shall be lodged within a period of 10 days from the date of draft publication of the electoral roll in draft under rule 15, or within such period as may be fixed by the State Election Commission in this behalf.

Appointment of Revising Authorities.-

The District Election Officer (Panchayats) may appoint one or more Revising Authorities for the purpose of hearing claims and objections relating to electoral roll of a constituency or constituencies.

Manner of lodging of claims and objections.-

(1) A claim or objection shall be addressed to the Revising Authority specified in the notice referred to in rule 15 and shall be presented to him personally or sent by registered post to that authority. Every claim for inclusion of names, objection in relation to the inclusion of the name or objection in relation to the particulars in an entry shall be in Form 2, 3, 4 respectively.

(2) A claim shall be signed by the person desiring his name to be included in the electoral roll and countersigned by another person whose name is already included in the electoral roll in which the claimant desires his name to be included and shall, unless sent by post, be presented by claimant himself or by a person authorised by him in writing in this behalf.

3) No person shall prefer an objection to the inclusion of any name in the electoral roll unless his name is already included in that electoral roll.

(4) The Revising Authority shall maintain a register, of claims in Form-5, of objections to the inclusion of names, in Form-6, and of objection to the particular in any entry in Form-7, and cause to be entered therein the time of their receipt, particulars of every claim or objections, as the case may be.

(5) Any claim or objection, which is not lodged within the prescribed period or in the manner herein specified shall be rejected and the decision recorded in the register prepared in Form-5, 6 and 7, as the case may be.

Notice of claims and objections. -

(1) Where a claim or objection is not rejected under sub-rule (5) of rule 18, the Revising Authority shall, after the period prescribed for the presentation of claims and objections has expired, exhibit on the notice board of the office of Gram Panchayat, Panchayat Samiti and Zila Parishad, a list of all claims or objections in Form-8, 9 and 10 as the case may be.

(2) Every claimant/objector to the inclusion of a name or to the correctness of certain particulars in an entry shall be given a notice of place, date and time of hearing of such claim or objection and shall further be asked to adduce such evidence as he may like to adduce in Form-11, 12 and 13 as the case may be.

(3) A person against whom objection has been received by the Revising Authority for the inclusion or deletion of his name on or from the electoral roll shall also be given a notice in Form- 14 of the place, date and time fixed for hearing of objection, at his last known place of residence and be asked to adduce such evidence as he may like to adduce for his defence.

Disposal of claims and objections.-

(1) On the date, time and at the place fixed under the provisions of rule 19, the Revising Authority shall hear and decide the claims and objections under the provisions of these rules and shall record his decision in the register in Form-5, 6 and 7, as the case may be. immediately on demand on payment of rupees two against cash receipt.

(2) The copy of the order of the Revising Authority shall be given to the claimant or objector

(3) Any person aggrieved by an order passed under the provisions of sub-rule (1) may, within seven days from the date of the order, file an appeal to the District Election Officer (Panchayats) who shall, as far as practicable be, within a week, decide the same, confirming such order, or setting it aside or passing such other order with respect to the claim and objection as he may deem fit:

(4) If it appears to the District Election Officer (Panchayats) that due to inadvertence and error during the preparation of electoral rolls, names of electors have been left out of the electoral roll, the names of dead persons or of persons who ceased to be or are not ordinarily resident in the constituency have been included in the electoral roll and that remedial action should be taken under this sub-rule, the District Election Officer (Panchayats) shall,-

(a) prepare a list of the names and other particulars of such electors;

(b) exhibit on the notice board of his office and offices of the Gram Panchayat, Panchayat Samiti and Zila Parishad, a copy of the list together with a notice as to the date(s) and places) at which the question of inclusion of the names in electoral roll or the deletion of the names, from the electoral roll will be considered; and

(c) after considering any verbal or written objection which may be preferred, decide whether all or any of the names should be included in or deleted from the electoral roll."

The final publication of electoral rolls is in terms of following Rule 21: -

"21. Final publication of electoral rolls.-

(1) The Revising Authority as soon an as he has disposed of all the claims or objections presented to him, shall forward the same alongwith the register of such claims or objections and the orders passed by him thereon to the District Election Officer (Panchayats) who shall cause the electoral roll to be corrected in accordance with such orders or the orders passed on appeal by him under sub-rule (3) of rule 20, as the case may be and shall publish the electoral roll so corrected, or if he deems fit, shall publish the electoral roll together with a list of additions/deletions and corrections prepared in accordance with the aforesaid orders or as a consequence of his decision under sub-rule (4) of rule 20, by making complete copy thereof available for inspection and display a notice thereof in Form-15 in his office and also in the office of the Gram Panchayat, Panchayat Samiti and Zila Parishad.

(2) On such publication the electoral roll, with or without amendments, shall be the electoral roll of the constituency and shall come into force from the date of publication under sub-rule (1)."

4(ii) In the instant case, as per documents placed on record by learned counsel for respondent No.1, publication of electoral rolls in draft was completed on 06.10.2025. The period of lodging claims and objections before the Revising Authority was w.e.f. 08.10.2025 to 17.10.2025. The period for deciding the claims and objections by the Revising Authority was up to 27.10.2025. After providing period for preferring appeals and decision of such appeals by the Appellate Authority, final electoral rolls were published by 13.11.2025.

It is not the case of the petitioners that they ever moved the Competent/Revising Authority for filing their claims for including their names as voters in the concerned Gram Panchayat, the period thereof lapsed months ago. Learned counsel for the petitioners submitted that this exercise can be undertaken even now in terms of following Rule 22 :-

"22. Special revision of electoral roll.-

Notwithstanding anything contained in sub-rule (2) of rule 21 the State Election Commission may, at any time, for reasons to be recorded, direct a special revision of the electoral roll for any constituency in such a manner as it may think fit:

Provided that subject to other provisions of these rules, the electoral roll for the constituency as in force at the time of the issue of any such direction shall continue to be in force until the completion of the special revision so directed."

The above recourse is not permissible at this stage as learned counsel for respondent No.1 apprised that even special revision of electoral rolls has been carried out and the said exercise is also over.

Learned counsel for the petitioners submitted that the petitioners have preferred a representation dated 14.05.2026 (Annexure P-5) to respondent No.1 against the deletion of their names from the voter list circulated by respondent No.1-Commission for Local Bodies Election 2025. The said representation was preferred much beyond the period prescribed in Rule 24 of Himachal Pradesh Panchayati Raj (Election) Rules 1994.

Learned counsel for respondent No.1 submitted that there is no such provision of any complaint/objection to the State Election Commission for addition/deletion of their names in the electoral rolls after the publication of final electoral rolls.

Learned counsel for the petitioners next invited attention to Rule 24 for inclusion of petitioners' names in the electoral rolls finally published. The said Rule reads as under: -

"24 Inclusion of names in the electoral roll, finally published.-

(1) Any person, whose name is not included in the electoral roll shall make an application, in Form-2 (in duplicate), to the District Election Officer (Panchayats) for inclusion of his name in that electoral roll, and such application shall be accompanied by a fee of rupees two to be paid in cash against receipt.

(2) District Election Officer (Panchayats) shall immediately on receipt of application under sub-rule (1) direct that one copy thereof be pasted in some conspicuous place in his office together with a notice inviting objections to such application within a period of four days from the date of such pasting.

(3) The District Election Officer (Panchayats) shall as may be, after the expiry of the period specified in the notice under sub-rule (2), consider the objections, if any, received by him and shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct such name to be included therein within a period of 3 days:

Provided that if the applicant whose name is ordered to be included is already registered in the electoral roll of any other constituency of the same Gram Sabha or another Gram Sabha or a Municipality, such a name shall be deleted from that electoral roll:

Provided further that an application under this rule shall not be submitted after the Notification of Election programme under rule 32 of these rules.

Provided further that no amendment or transposition or deletion of any entry shall be made on or after the last date for making nomination till the election process is over.

(4) Where an application made under sub-rule (1), is rejected, an appeal shall be within a period of ten days from the date of rejection of the application for the inclusion of names to the State Election Commission, whose decision shall be final.

(5) Every appeal under sub-rule (4) shall be accompanied by a fee of twenty rupees to be paid in cash against receipt."

Petitioners cannot be extended the benefit of Rule 24 at this stage as in terms of second proviso to Sub-Rule 3 of Rule 24, an application under Rule 24 cannot be submitted after issuance of notification of election programme under Rule 32. It is an admitted position that respondent No.1 has notified the election programme vide a notification issued on 29.04.2026.

At this stage, it will also be appropriate to refer to Lakshmi Charan Sen and others Vs. Election Commission and others[AIR 1985 Supreme Court 1233], wherein while considering Section 23(3) of Representation of People Act, 1950, Hon'ble Apex Court held that 'under that provision, no amendment, transposition or deletion of an entry can be made under Section 22 and no direction for the inclusion of a name in the electoral roll of a constituency can be given after the last date for making nomination for an election in the particular constituency. The election has to be held on the basis of electoral roll which is in force on the last date for making nominations'. Relevant portion from the decision is as under:-

"18. Section 23(3) of the Act of 1950 also points in the same direction. Under that provision, no amendment, transposition or deletion of an entry can be made under section 22 and no direction for the inclusion of a name in the electoral roll of a constituency can be given, after the last date for making nomination for an election in the particular constituency. The election has to be held on the basis of the electoral roll which is in force on the last date for making nominations. If that were not so, the easiest expedient which could be resorted to for the purpose of postponing an election to the legislature would be to file complaints and objections, omnibus or otherwise, which would take days and months to decide. It is not suggested that claims and objections filed in the prescribed form should not be decided promptly and in accordance with law. But, the important point which must be borne in mind is that whether or not a revision of an electoral roll is undertaken and, if undertaken, whether or not it is completed, the electoral roll for the time being in force must hold the field. Elections cannot be postponed for the reason that certain claims and objections have still remained to be disposed of. Then, claimants and objectors could even evade the acceptance of notices and thereby postpone indefinitely the decision thereon. The holding of elections to the legislatures, which is a constitutional mandate, cannot be made to depend upon the volition of interested parties."

In view of above, the relief prayed for by the petitioners, cannot be granted to them at this stage in this writ petition. The writ petition is accordingly dismissed. This order, however, shall not come in the way of the petitioners for seeking inclusion of their name in the voter list in future, in accordance with law.

Pending miscellaneous application(s), if any, also to stand disposed of.