Pawan Kumar vs State Of H.P. & Others

Sureshwar Thakur, J

Heard. The writ petitioner, through, the extant writ petition has shown agitation, against the purported invalidity of the roster, as, becomes drawn

with respect to the elections, as, are being conducted in the Gram Panchayats, falling within the Dharampur Block, of, District Mandi, H.P.

During the pendency of the extant writ petition, before this Court, upon, an application, seeking interim relief, hence, for staying, the election

schedule, as, drawn with respect to the elections, being conducted, in the Gram Panchayats, falling within the jurisdiction of Dharampur Block, District

Mandi, H.P., an affirmative order was pronounced on 18.12.2020. However, subsequently on 30.12.2020, the afore interim order became vacated.

However, the respondent concerned, omitted to proceed, to, conduct elections, to, the Gram Panchayats falling within the jurisdiction, of, Block

Dharampur of District Mandi, H.P. It appears that the afore failings, of, the respondents, arose from, the process of inclusion of the voters in the voter

lists, being underway.

Consequently, the learned counsel appearing for the petitioner has placed reliance, upon, a verdict rendered, upon, a factual matrix, rather alike to

the factual matrix averred in the extant petition, and, has drawn the attention of this court to directions Nos.(i) and (ii), as, contained in a verdict

pronounced, by a co-ordinate Bench, of this Court, upon, CWP 5987 of 2020 along with other connected matters, and, mandate whereof, become

extracted hereinafter:-

(i) In casesofre-organization bifurcation/separation/creation of Gram Panchayats/Blocks etc., reservation of offices therein should be

allocated afresh based upon the 'changed' population structure in accordance with relevant provisions of applicable Statue and the

Rules. However, while applying the Election Reservation Roster, proper care should be taken so that reservation roster gets rotated

to the maximum extent possible;

(ii) Grievances of the petitioners with respect to application and rotation of election reservation roster over changed territories of

Gram Panchayats/Blocks, however genuine these might be, cannot be examined at this stage when election process is already

underway, in view of bar imposed by Article 243-O of Constitution of India. In such circumstances, we direct the respondent-State to

ensure that, in future, the notification reserving offices in the Gram Panchayats/Blocks in the State for various categories in elections

to Panchayati Raj Institutions is published and placed in public domain on the website of State Election Commission at lease three

months prior to the commencement of election process to enable timely adjudication of disputes pertaining to application/rotation of

election reservation roster. All consequent steps in furtherance of same be also taken accordingly.

(i) and he argues that though in the verdict supra, there was no interference with the schedule drawn, for the conducting of the elections, in the Gram

Panchayats, in respect whereofs, the afore writ petitions became instituted before this Court, yet since any subsequent thereto elections, as may be

contemplated, to be held to the Gram Panchayats in the State of Himachal Pradesh, there becomes cast therein, an imperative necessity, upon the

respondents, vis-a-vis, theirs bearing in mind, the afore judicially pronounced parameters. Consequently, he validly argues, that, the respondents be

directed to mete compliances, vis-a-vis, the hereinabove extracted mandate carried in CWP No.5987 of 2020.

Consequently, the extant writ petition is disposed of, with a direction to the writ petitioner, and, to the respondents to conjointly, mete adherence to

the afore mandate carried in the verdict supra. The afore exercise, is unless not already completed, and, if also stands completed, upon its wanting in

adherence being meted thereto, be completed within three weeks from today, and, thereafter the respondents concerned, shall proceed to hold, the

elections, to the Gram Panchayats falling within the jurisdiction of Dharampur Block, of, District Mandi. With the afore observations, the extant writ

petition stands disposed of. All pending applications also stand disposed of.

Copy dasti.