Notice. Mr. L.N. Sharma, 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 Tali Bhujjal, Tehsil Rajgarh, District Sirmou r.

3. Heard learned coounsel for the parties and considered the case file. Petitioner’s case is that he had been casting his vote in Gram Panchayat, Vidhan Sabha and also Parliamentary Elections. He has placed on record voter list at Annexure P-5, reflecting his name at Sr. No. 123 of Assembly Con stituency Pachhad. According to the petitioner, he intended to file his nomination for the post of Pradhan, Gram Panchayat Tali Bhujjal, Tehsil Pachhad, District Sirmaur for H the ensuing elections to the State Panchayati Raj Institutions, but since his name was not there in the voters list/electoral rolls, he could not apply for the same. 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 there 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.2 was directed to have H instructions in the matter. The matter was taken up again, learned counsel for respondent No.2 placed on record the relevant schedule of dates of publication of draft election rolls and preparation of draft electoral roll programme.

4(i) Chaptuer III of the Himachal Pradesh Panchayati Raj (Election Rules), 1994, pertains to ‘Electoral Rolls’. Rules 12 anC 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 be 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 Hnotice 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.-

For each constitu ency of a Panchayat there shall be an electoral roll which shall be prepared in the manner specifieud 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 g 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 roll for each constituency of the Panchayat in accordance with these rules.

(2) The electoral roll shall be prepared in Hindi in Devnagari Script in such form as may be spec