2010(3) LAW HERALD (P&H) 2068
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rajan Gupta
Civil Writ Petition No.7791 of 2010
Shobha Ram & Anr.
v.
State of Haryana & Ors.
{Decided on 28/05/2010}
For the Petitioners: Mr. Kul Bhushan Sharma, Advocate.
For the Respondent: Mr. Deepak Jindal, Deputy Advocate General, Haryana.
Constitution of India, 1950, Art.226--Haryana Panchayati Raj Act, 1994, S.166 (6)--Amendment of voter list--Writ Jurisdiction--Disputed question of facts have been arisen in petition with regard to submission of objections by petitioners against voter list issued by official respondents--Cannot be adjudicated upon by High court in writ jurisdiction as no evidence is available to decide such issues--Also, in view of Bar contained is Section 166(6) it is not possible for High court at this stage to direct amendment of voter list--In view of fact that election process had already set in motion, there is no ground to interfere in writ jurisdiction . (Para 5 & 6)
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Showing posts with label S.166 (6). Show all posts
Showing posts with label S.166 (6). Show all posts
Tuesday, August 17, 2010
Haryana Panchayati Raj Act, 1994, S.166 (6)
2010(3) LAW HERALD (P&H) 2066
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rajan Gupta
Civil Writ Petition No.9877 of 2010
Jubena Khatun
v.
State Election Commissioner Haryana & Ors.
{Decided on 28/05/2010}
For the Petitioner: Mr. Lokesh Sinhal, Advocate.
Haryana Panchayati Raj Act, 1994, S.166 (6)--Amendment in voter list--Belated Claim-- Petitioner sought direction to include her name in voter list--After publication of draft voter- list, official respondents had invited objections from inhabitants of village--Number of objections were received--Despite fact that petitioner is stated to be politically active, she did not submit any objection to draft voter-list within prescribed period--Therefore, her name could not be included in voter-list--Election process has already been set in motion--Moreover, in view of bar contained in section 166(6) of Act, it is not possible at this stage to direct any amendment in voter-list--Interference of in writ jurisdiction not warranted. (Para 5)
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rajan Gupta
Civil Writ Petition No.9877 of 2010
Jubena Khatun
v.
State Election Commissioner Haryana & Ors.
{Decided on 28/05/2010}
For the Petitioner: Mr. Lokesh Sinhal, Advocate.
Haryana Panchayati Raj Act, 1994, S.166 (6)--Amendment in voter list--Belated Claim-- Petitioner sought direction to include her name in voter list--After publication of draft voter- list, official respondents had invited objections from inhabitants of village--Number of objections were received--Despite fact that petitioner is stated to be politically active, she did not submit any objection to draft voter-list within prescribed period--Therefore, her name could not be included in voter-list--Election process has already been set in motion--Moreover, in view of bar contained in section 166(6) of Act, it is not possible at this stage to direct any amendment in voter-list--Interference of in writ jurisdiction not warranted. (Para 5)
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