Residency and inclusion in electoral rolls of the respective Gram Panchayat are essential for membership in the Gram Sabha and the Gram Panchayat.

JUDGMENT :

1. By filing this writ petition, the petitioner has prayed for the following reliefs:-

i. Issue a writ of Certiorari to call for the record of the case and quash the order dated 22.02.2022 passed by the respondent no. 1, contained in Annexure 1 to the writ petition.

ii. Issue a writ, order or direction in the nature of Mandamus commanding the respondents’ authorities to include the name of the petitioner and other similarly situated persons in the electoral roll of Village Chauli Sahabuddinpur, Tehsil – Bhagwanpur, District – Haridwar so that they may participate and cast their votes in the forthcoming election of Gram Panchayat in District Haridwar.

2. The petitioner’s forefathers were residing in Village Chauli Sahbuddinpur, Tehsil - Bhagwanpur, District – Haridwar. In the year 1960, there was a flash flood in river Sonali, as a result of which, a substantial portion of the land of the said village was washed away. The District Administration in order to re-settle the families, who had lost their houses and homestead, requisitioned 36 Bigha land within the Revenue Village of Mandawar, which is adjoining to the Village Chauli Sahbuddinpur. The petitioner and his ancestors were residing there since then. It is the case of the petitioner that he and his forefathers were casting their vote as members of Village Chauli Sahbuddinpur Gram Sabha and listed as voters in the electoral rolls of the aforesaid Village Chauli Sahbuddinpur Gram Panchayat till 2015.

3. In the last Panchayat election held in the year 2015, the wife of respondent no. 6 contested the election of Gram Pradhan of Gram Sabha, Village Chauli Sahbuddinpur, District - Haridwar. However, she did not succeed in the election. Thereafter, she filed an application before the learned District Magistrate, Haridwar on 08.07.2015 to correct the voter list of Village Chauli Sahbuddinpur and to delete the names of the persons, who are residing in Khasra Nos. 426, 428, 429, 430, 444, 445, 446 and 447 and include their names in the voter list of Village Mandawar. No order was passed by the learned District Magistrate on her application dated 08.07.2015. Thereafter, one Yusuf Ali, who is signatory to the representation dated 08.07.2015, filed a writ petition before this Court bearing WPMS No. 2941 of 2015 for redressal of the aforesaid grievances. This Court disposed of the same vide judgment and order dated 26.11.2015 and directed the learned District Magistrate to consider the representation within four weeks from the date of production of certified copy of the order.

4. In compliance of direction of this Court, the learned District Magistrate, Haridwar called a report from the learned Additional District Magistrate, who submitted the same on 19.12.2015 and after considering the report as well as the other facts, the learned Additional District Magistrate rejected the claim of the petitioner in that writ petition on 19.12.2015. The said order was adopted by the learned District Magistrate and on the basis of the report of the learned Additional District Magistrate rejected the claim of the petitioner. Then, Yusuf Ali challenged the order dated 19.12.2015 by filing another writ petition bearing WPMS No. 1139 of 2016 before this Court.

5. At the same time on 22.08.2017, a representation was moved by Irfan and Mehandi Hasan before the Chief Minister for deleting the names of these persons, who are residing in the aforementioned Khasra of Village Mandawar, over which, a letter was written by the Government of Uttarakhand to the Secretary, State Election Commission, Uttarakhand dated 22.09.2017 to take further action in the matter. Upon receipt of the representation, the Secretary of State Election Commission, Uttarakhand was moved for taking appropriate action on the matter on the basis of the aforesaid communication. The State Election Commission vide its order dated 16.12.2017 directed the learned District Magistrate, Haridwar, who happens to be the District Electoral Officer