Smt. Devki vs State of Haryana and others

This is petition seeking writ of certiorari for quashing of

impugned order dated 13.06.2017 (Annexure P-5) passed by respondent

no. 3.

The petitioner vide application dated 07.06.2017 applied for

inclusion of her name in voter list so that she may contest the election of

sarpanch of village Bitani, which was notified on 05.06.2017. The

application was, however, declined by Deputy Commissioner-cum-District

Election Officer (Panchayat), Jind with the observation as follows:-

"As per Rule 12C of the Panchayati Raj Election Rules,

1994, there is a provision for getting new votes added within

four days from the date of instruction for election process. The

instruction for bio/sub-election was issued on 05.06.2017 by

Hon''ble State Election Commission, Haryana but the applicant

has not attached the receipt of fee of Rs. 5/- and Non-Judicial

Stamp as per Rule 12C and point no. 1. The applicant has

deposited the fee of Rs. 5/- in the Government Treasury on

13.06.2017 but as per Rule 12 C (3) the receipt was to be

attached with application. Not doing so, there is violation of

Rule. The applicant has submitted the application form

alongwith prescribed fee for getting new vote after the

prescribed period. Therefore, the applicant does not cover for

getting new vote entered under Rule 12C."

Learned counsel for the petitioner has argued that application

was moved by the petitioner before the Block Development and Panchayat

Officer, Safidon within the stipulated period of four days after the

notification of election. The petitioner being illiterate lady could not

visualize that she had also to deposit fee alongwith the application and she

was also not apprised of this fact by the concerned competent authority. The

fee was deposited on 13.06.2017 and the District Election Officer has not

looked into this fact that application was filed in time and fact of late

deposit of fee could be condoned.

Section 12C of Haryana Panchayati Raj Election Rules, 1994

reads as follows:-

"12C. Manner for making application for inclusion of name

in the voters list - (1) An application under rule 12A or

12B shall be made in duplicate in one of the Forms 1A,

1B, 1C or 1D, as may be appropriate and shall be

accompanied by a fee of five rupee:

Provided that such application shall be addressed to the

District Election Officer (Panchayat) and presented to

him at any time not later than four days from the date of

publication of the election programme excluding the date

of publication."

Perusal of above rule shows that application in prescribed form

accompanied by fee of Rs. 5/- was required to be filed within a period of four

days from the date of publication of election schedule. Admittedly, the

petitioner has not complied with aforesaid provisions. She had deposited the

requisite fee on 13.06.2017 i.e. 8 days after the publication of election

schedule. Taking note of above fact her application for inclusion of her

name in the voter list was declined by the competent authority.

We find no illegality or irregularity in the impugned order

dated 13.06.2017 (Annexure P-5) passed by respondent no. 3-Deputy

Commissioner-cum-District Election Officer (Panchayat), Jind.

The instant petition has no merit and the same is dismissed.