Jyotsna Rewal Dua, Judge

Notice. Mr. Y.P.S.Dhaulta, learned Additional Advocate General and Mr. Surender Sharma, learned counsel, appear and waive service of notice on behalf of the respective respondents.

2. Petitioner seeks a direction to the respondents to enter his name in the voter list and also to consider his candidature for the office of Pradhan, Gram Panchayat Kholighat, Tehsil Nankhari, District ShimHla.

3. Heard learned counsel for the parties and considered the case file.

Petitioner’s case is that he had been casting his vote in Gram Panrchayat, Vidhan Sabha and also Parliamentary Elections for the last more than 12 years. During last Panchayat Elections, petitioner had filed his nomination for the office of Up-Pradhan, Gram Panchayat Kholighat, Tehsil Nankhari, District Shimla. He has placed on record voter list at Annexure P-1, stated to be of Vidhan Sabha Elections held in the year 2022, reflecting his name at Sr. No. 44 of Assembly Constituency Rampur. According to the petitioner, he filed his nomination for the post of Pradhan, Gram Panchayat Kholighat, Tehsil Nankhari, District Shimla for the ensuing elections to the State Panchayati Raj Institutions, within the prescribed timelines, but his nomination was rejected by respondent No.6 on 11.05.2026 for want of registration of petitioner’s name in the concerned electoral roll.

Learned counsel for the petitioner submits that right to cast vote is constitutional right provided under Article 326 of the Constitution of India. Petitioner’s right has been infringed by the respondents without theHre being any fault on his part.

4. When the matter was taken up in the morning session, keeping in view the urgency urged for the petitioner, learned counsel for the respondents, more particularly, respondent No.3u was directed to have instructions in the matter. Theo matter was taken up again, learned counsel for responCdent No.3 placed on record the relevant schedule of dates of publication of draft election rolls and preparation of draft electoral roll programme.

4(i) Chapter III of the Himachal Pradesh Panchayati Raj (Election Rules), 1994, pertains to ‘Electoral Rolls’. Rules 12 and 13 thereof provide for preparing and maintaining electoral roll for each constituency of a Panchayat. Rule 15 thereof provides for publication of electoral roll in draft. Rule 16 states that every claim for inclusion of name in the electoral roll and objection to entry therein shall be lodged within ten days from the date of draft publication of the electoral roll under Rule 15. Rule 18 provides the manner of lodging claims and objections. As per Rule 18, claim for inclusion of name or objection in relation to inclusion of names/particulars in an entry has to Hbe presented to the Competent Authority in Form No. 2, 3 and 4, respectively. Sub Rule (5) of Rule 18 provides for rejection of claim/objection which is not lodged either within the prescribed period or in the manner specified. Rules 19 and 20 delineate the procedure for issuing notice of claims and objections and also disposal of claims and objections. These Rules being relevant, are extracted as under: -

“12. Electoral roll for every constituency.-

h For each constituency of a Panchayat there shall be an electoral roll which shall be prepared in the manner g specified in rules 13 to 24 by the District Election Officer (Panchayats) under the superintendence, direction and control of the State Election Commission:

Provided that the State Election Commission may in its own discretion use data base of the Election Commission of India for the preparation of the draft electoral rolls for the elections under these rules.

Provided further that the preparation or revision of electoral roll, as the case may be, shall be taken up as and when so directed by the State Election Commission.

13. Preparation of electoral roll.-

1) When a direction is given under rule 12, the District Election officer (Panchayats) shall cause to be prepared an electoral ro