The central legal point established in the judgment is the importance of residency and the electoral roll in determining voter eligibility and inclusion.

JUDGMENT

S.K.MISHRA,J. The petitioner in this case prays to quash the order passed by the Electoral Registering Officer-Cum-Block Development Officer, Bhapur, District-Nayagarh, opposite party no.4, including the names of Rabindra Kumar Sahoo, opposite party no.6, and Saudamini Sahoo, opposite party no.7, in the voter list of Ward No.15 in respect of village Kendupalli which comes within the area of Salapada Grama Panchayat.

2. Opposite party no.2, i.e. the State Election Commission issued notification on 12.8.2011 which was latter on modified on 13.9.2011 for preparation of ward wise Electoral Rolls of all the Grama Panchayats for the purpose of conducting General Elections to the three tier Panchayati Raj Institutions (hereinafter referred to as “PRI” for brevity). On receipt of notification the Collector, Nayagarh, opposite party no.3, appointed opposite party no.4 to prepare the Electoral Rolls for the Block in question, for General Election, 2012.

During the preparation of ward wise Electoral Rolls, opposite party nos.6 and 7 applied for inclusion of their names in Ward No.15 of Salapada Grama Panchayat in the prescribed Form No.16 of the Orissa Grama Panchayat Election Rules, 1965 (hereinafter referred to as the “Election Rules” for brevity). Opposite party no.6 had attached a residential certificate issued by the Tahasildar to his application in Form No.16, but opposite party no.7 had attached the copy of the Board Certificate, copy of R.O.R. with respect to Khata No.367/54 of Mouza Kendupalli, rent receipts and a residential certificate to her application. Opposite party no.4 after enquiry rejected their applications and prepared an additional list of newly added voters including the names of some other applicants, whose applications were allowed.

3. Being aggrieved by the said order opposite party nos.6 and 7 filed an application before opposite party no.4 for inclusion of their names in the voter list of Salapada Grama Panchayat. At that stage the petitioner and other villagers made a representation to opposite party no.4 on 11.11.2011 attaching the voter list of village Gohiriapada under Khandapara Block, 2011 and Siariapur of Pipili constituency not to include the names of opposite party nos.6 and 7 in the voter list of Ward No.15 of village Kendupalli of Salapada Grama Panchayat on the ground that neither of the opposite parties were residing in village Kendupalli of Salapada Grama Panchayat, whereas the voter list of Gohiriapada shows that Saudamini is residing at Gohiriapada and her name has found place in the voter lists of Gohiriapada and Siariapur of Pipili. Similarly the name of Rabindra found place in the Electoral Rolls of Gohiriapada under Khandapara Block in 2011 voter list.

4. After receiving such representations of the villagers, opposite party no.4 referred the matter to opposite party no.3 for clarification. Opposite party no.4 also wrote a letter to the Tahasildar, Bhapur for clarification. Opposite party no.3 thereafter directed that the Electoral Rolls should be prepared as per the resident certificate issued by the Tahasildar. Aggrieved by such an order, the petitioner, therefore, come up with this writ petition.

5. Opposite party nos.6 and 7 have filed their counter affidavit. They denied that they are registered voters of Gohiriapada, Ramichheli Grama Panchayat under Khandapada Block. It is specifically stated that they have applied for deletion of their names from the voter list of village Gohiriapada and their applications have been duly acknowledged by the competent authority on 17.10.2011 and their names have been deleted from the voter list of village Gohiriapada coming under Khandapada Block. As far as the inclusion of the names of opposite party nos.6 and 7 appear also in the voter list of Pipili Assembly Constituency, it is submitted that they are no more the voters of the aforesaid Constituency, which is clear from the document, i.e. Form No.17 dated 7.10.2011 duly filed and acknowledge