Back
2011 Supreme(HP) 186
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge.
Radhika Bakshi & ors. ……….Petitioners.
Versus
State of H.P. & ors. ……….Respondents
CWP No. 8562 of 2010
Decided on: January 5, 2011.
For the petitioners:Mr. Nimish Gupta, Advocate.
For the Respondents:Mr. Onkar Onkar Jairath, Advocate, for respondent No. 1.
Mr. R.K. Bawa, A.G. with Mr. Ankush Dass Sood, Addl. A.G for respondents No. 2 & 3.
Mr. Rajnish Maniktala, Advocate, for respondent No.4.
The entitlement of the petitioners to be voters in the electoral roll for future elections would depend on the factual position as on that date.
Headnote:
Voters List - Election to Ward No. 9 of Dalhousie Municipality - The court disposed of the writ petition and allowed the petitioners to cast their votes separately, leaving the issue of entitlement to be included in the voters list for future elections open.
Fact of the Case:
The petitioners approached the Court as their names were not in the voters list for election to Ward No. 9 of Dalhousie Municipality. They were permitted to cast their votes separately.
Finding of the Court:
The court found that the difference between the winning and losing candidates was more than 13 for all seats, and therefore, it was not necessary to go into further disputes at that stage. The issue of entitlement to be included in the voters list for future elections was left open.
Issues: Entitlement of the petitioners to be voters in the electoral roll and their inclusion in the voters list for future elections.
Ratio Decidendi: The court decided that the entitlement of the petitioners to be voters in the electoral roll for future elections would depend on the factual position as on that date.
Final Decision: The Writ Petition was disposed of, and the pending application(s), if any, were also disposed of.
Kurian Joseph, J.
The petitioners approached this Court with the grievance that their names do not find mention in the voters list for election to Ward No. 9 of Dalhousie Municipality. Pursuant to interim order dated 29th December, 2010, the petitioners have been permitted to cast their votes separately. There are 13 petitioners. It is not disputed before us that the difference between the candidates who won and lost is more than 13 for all seats. Therefore, on facts, it is not necessary for this Court, at this stage, to go into further disputes. The question of entitlement of the petitioners for being the voters in the electoral roll is hence left open making it clear that the issue regarding the entitlement to be included in the voters list as far as future elections are concerned would depend on the factual position as on that date.
2. With these observations, the Writ Petition is disposed of, so also the pending application(s), if any.
