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SURESHWAR THAKUR, SUDEEPTI SHARMA
Gurmej Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sureshwar Thakur, J.
1. Through the instant writ petition, the petitioner herein prays for the issuance of a writ of Certiorari for quashing the order dated 20.09.2024 (Annexure P-16), passed by respondent No. 3, vide which the appeal of the petitioner was dismissed, which was filed against the finalization of revision of electoral rolls as was done by respondent No. 4 vide order dated 07.01.2024 (Annexure P-12). The petitioner further prayed that the elections of Gram Panchayat Kua Diary, on the basis of electoral rolls dated 07.01.2024, be stayed during the pendency of the writ petition.
Facts of the case
2. The petitioner is resident of Village Kua Diary, Tehsil Patran, District Patiala and his name was duly reflected in the Voter List prepared after delimitation of Wards in Gram Panchayat Kua Diary.
3. Gram panchayat Kua Diary came into existence in the year 2007 and was carved out from village Gobindpura Paind, Dutal and Shutrana, existing in Block Patran, District Patiala. After coming into existence of village Kua Diary, the total number of the voters was 257 and for the panchayat elections to be conducted in the year 2008, the voters’ list of the gram panchayat Kua Di
The definition of 'ordinarily resident' under the Punjab State Election Commission Act requires actual residency, not just property ownership, for voter registration.
The central legal point established in the judgment is the interpretation and application of the requirement of being 'ordinarily resident' in a constituency as stipulated in Section 19 of the Repres....
The finality of the electoral roll and the inability to challenge its validity in an election petition.
A person's claim to be an ordinary resident for electoral registration must be substantiated by actual residency proof, exceeding mere property possession, as stated in Section 9(3) of the U.P. Panch....
Reservation for village panchayat posts must reflect the actual population demographics; improper reservation violates legal provisions.
Disputes regarding electoral rolls must be addressed through statutory remedies under the Kerala Co-operative Societies Act, not via writ petitions.
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