Once a notification for an election program has been issued, no amendment, inclusion, or deletion of names in the electoral rolls can be permitted, as elections must proceed based on the extant electoral rolls to prevent indefinite postponement of the democratic process.

1 Whether approved for reporting?

Jyotsna Rewal Dua, Judge

Notice. Mr. Surender Sharma, learned counsel, and Mr. L.N. Sharma, learned Additional Advocate General appear and waive service of notice on behalf of the respective respondents.

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes

2. Petitioners seek a direction to the respondents to enter their names in the voter list of Gram Panchayat Dan, Tehsil Chachiot, District Mandi.

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

Petitioners case is tohat they had been casting their vote in Gram Panchaya t, Vidhan Sabha and also Parliamentary Electionrs. They have placed on record voter list at Annexure P-3, reflecting their names at Sr. No. 132, 133, 136, 137, 138, 139, 200, 201, 202 & 203 of Gram Panchayat Dan, which was prepared during the last Panchayati Raj Elections held in the year 2020. According to the petitioners, their names are not there in the voters list/electoral rolls. Learned counsel for the petitioners submits that right to cast vote is constitutional right provided under Article 326 of the Constitution of India. Petitioners’ right have been infringed by the respondents without there being any fault on their part.

4. Learned counsel for respondent No.1 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 ufrom the date of draft publication of the electoral rollo under Rule 15. Rule 18 provides the manner of lodginCg 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.

iSub 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.-

For each constituency of a Panchayat there shall be an electoral roll which shall be prepared in the manner 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 CommHission may in its own discretion use data base of the Election Commission of India for the preparation of the draf t electoral rolls for the elections under these rules. f 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 rof 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 specified h by the State Election Commission.

15. Publication of electoral roll in draft.-

(1) As soon as the electoral roll of a constituency is i ready, the District Election Officer (Panchayats) H shall publish it in draft, together with a notice in Form-l and make available copies thereof for inspection at his office and in the offices of Gram Panchayat, Panchayat Samiti, Zila Parishad.

(2) The notice under sub-rule (1) shall be given publicity through n