AI Structured Summary
Not yet generated for this judgment
Judgment
Through the medium of instant writ petition, the petitioners seek the following reliefs:-
a) MANDAMUS, commanding the respondents more particularly respondent No. 5 to issue voter list for Panchayat Saloonia Lower, Block Sathra,
Tehsil Haveli, District Poonch for the year, 2018.
b) Commanding upon the respondents to accord consideration to the representation of the petitioner with regard to issuance of voter list for Panchayat
Saloonia Lower, Block Sathra, Tehsil Haveli, District Poonch for the year, 2018, by passing a speaking order within some timeframe.â€
The factual matrix of the case is that the petitioners are the residents of village Saloonia, which is falling in the Panchayat Halqa. The said village
was having more population and was fulfilling all the criteria for its bifurcating into two panchayats under the Panchayati Raj, Act, 1959 (hereinafter
referred to as the Act). The villagers including the petitioners, represented before the respondents for bifurcating the said Panchayat into two
Panchayat Halqas and, accordingly, the respondents had proceeded further with the bifurcation of the said Panchayat Halqas and, accordingly, the
darbar was held, in which all the people from the Panchayat Halqa participated and as per the aspirations of the people unanimously, the respondents
have finally bifurcated the Panchayat Halqa, Saloonia into two Panchayat Halqas, i.e., Saloonia Lower and Saloonia Upper and these two Panchayat
Halqas were demarcated as per the aspirations of the people, in which almost all the respectable members including the other people were present
and while making the demarcation, all the topographical/geographical location and aspiration of its inhabitants from East to West were taken into
consideration. After the terms of Panches and Sarpanches of the Panchayats have seized to exist, the respondents had started the process of
conducting fresh panchayati election after delimitation of panchayats and panch halqas.
It is stated in the instant writ petition that insofar as the Panchayat Saloonia of Block Sathra, District Poonch was concerned, the respondents had
initiated the process of bifurcating the aforesaid Panchayat into panchayats, i.e., Saloonia Upper and Saloonia Lower. The upper Saloonia exists on the
north side of Panchayat Saloonia and lower Saloonia exists on the south side. As per topographical and geographical location of Panchayat Saloonia,
the Panchayat got bifurcated from north to south into two panchayats, i.e., lower Saloonia and Upper Saloonia. When each and every process had
taken place, some vested interested political people are now bent upon to re-demarcate the Panchayat Halqa Lower Saloonia and Upper Saloonia
again when the process of demarcation in front of all the people of the said Panchayat Halqa have taken place as per the topography/geographical
position and a pressure is being mounted on the respondents for re-demarcation of the said Panchayat, which is in violation of the rules and
regulations, as already as per the wishes of the people, the said demarcation has been taken place by bifurcating the Panchayat Halqa Saloonia, i.e.,
Lower Saloonia and Upper Saloonia.
It is further stated in the instant writ petition that being aggrieved of the above, the petitioners had filed the writ petition bearing OWP No. 207/2008
before this Court and this Court disposed of the said writ petition at the threshold stage by directing the respondent No. 2, i.e., Chief Electoral Officer,
Rail Head Complex, Jammu to decide the representation submitted by the petitioners by passing a speaking order. Now the respondents have issued
the voter list for Panchayat Halqa, Saloonia Upper dated 17th August, 2018, but they are delaying the issuance of the voter list for Panchayat Halqa,
Saloonia Lower without any rhyme and reason. The 27th August, 2018 was the last dated fixed for any objection/addition/alteration in the voter list,
but till date the respondents have not issued the voter list for Panchayat Saloonia Lower, Block Sathra due to which the right of the people to vote
residing in the said Panchayat has been deprived/infringed for right. The petitioners along with some other inhabitants of Panchayat Saloonia Lower
approached the respondents more particularly respondent No. 5 and have requested to issue the voter list, but they have given hallow assurance to the
petitioners that they will issue the voter list for the Panchayat Halqa Saloonia Lower and are delaying the process of the same on one pretext or the
other. The petitioners have also filed a representation before the respondent No. 5, wherein request was made to issue the voter list, but till date the
respondents have neither decided the representation nor issued the voter list. In this factual backdrop, the petitioners have approached this Court by
way of instant writ petition.
During the course of arguments, learned counsel for the petitioners submitted that the petitioners would be satisfied, if the respondents are directed
to treat the instant writ petition as a representation and consider the claim of the petitioners within some stipulated period. There is no legal impediment
in granting such relief. To this, other side has no objection.
In view of the aforesaid submission made by the learned counsel for the petitioners and in the facts of the case, I deem it appropriate to dispose of
the instant writ petition with a direction to the respondent No. 5 to treat the instant writ petition of the petitioners as representation and accord
consideration to their claim within a period of six weeks from the date of a certified copy of this order along with copy of the writ petition and
annexures appended therein.
With the aforesaid observations, the writ petition is disposed of along with connected MP.