IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR th ON THE 6 OF SEPTEMBER, 2023 WRIT PETITION No. 22429 of 2023 BETWEEN:-

DILIP KAUSHAL S/O LATE GULAB CHANDRA KAUSHAL, AGED ABOUT 57 YEARS, OCCUPATION: BUSINESS 11/5 PARSI MOHALLA CHHAWANI DISTRICT INDORE (MADHYA PRADESH)

.....PETITIONER (BY SHRI VIBHOR KHANDELWAL AND SHRI JAYESH GURNANI, ADVOCATES)

AND

1. ELECTION COMMISSION OF INDIA THROUGH CHIEF ELECTION COMMISSIONER NIRVACHAN SADAN ASHOKA ROAD, NEW DELHI (DELHI)

2. MADHYA PRADESH ELECTION COMMISSION THROUGH ELECTION COMMISSIONER NIRVACHAN BHAWAN 58 ARERA HILLS BHOPAL (MADHYA PRADESH)

3. OFFICE OF CHIEF ELECTION OFFICER THROUGH CHIEF ELECTION OFFICER NIRVACHAN SADAN 17 ARERA HILLS BHOPAL (MADHYA PRADESH)

4. DISTRICT ELECTION OFFICER ADMINISTRATIVE COMPLEX COLLECTOR OFFICE INDORE (MADHYA PRADESH)

5. REGISTRATION OFFICER ELECTION REGISTRATION OFFICER CONSTITUENCY NO. 206 INDORE ADMINISTRATIVE COMPLEX COLLECTOR OFFICE INDORE (MADHYA PRADESH)

Signature Not Verified .....RESPONDENTS (BY MS. MINI RAVINDRAN, ADVOCATE)

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This petition coming on for admission this day, the court passed the following:

ORDER

Heard finally, with the consent of the parties.

2] This petition under Article 226 of the Constitution of India has been filed by the petitioner who is an ex-councilor seeking the following reliefs:-

“7.1 That, the respondents may kindly be directed to provide the requisite documents to the petitioner forthwith, as sought by the petitioner vide letter dated 28.08.2023 enabling the petitioner to file an effective objections to the applications and claims in accordance with law;

7.2 That, in alternate the petitioner may kindly be given an excess and opportunity to go through the aforesaid documents enabling him to file the objections in accordance with Rule 13 (2) of the Rules of 1960 ;

7.3 That, the respondents may kindly be directed that in the light of legitimate expectation the last date of filing of the objections be changed, rescheduled and extended and be fixed after a reasonable period from the last date of submissions of the applications and claims filed for inclusions of names in the electoral roll ;

7.4 Any other relief as this Hon’ble Court deem fit in the light of equity, justice and good conscience may also be ‘granted in favour of the petitioner.”

3] The grievance of the petitioner is that the respondents are not providing the relevant documents filed by different applicants along with their applications filed under Rule 13(1) and (3) of the Signature Not Verified Registration of Electors Rules, 1960 (hereinafter referred to as the 'Rules of 1960') to get themselves registered as voters, and for recording change in the particulars of said voters, as recorded in the voter list of the said constituency No.206, Indore. The petitioner is claiming the aforesaid documents on the ground that he has a right to file objection as provided under Rule 13(2) of the Rules of 1960. The petitioner is also aggrieved by the fixation of date of filing claim and objections on the same day, which is Annexure P/2, which has been subsequently amended vide program dated 29.08.2023, filed as Annexure R/3 with the reply. The grievance of the petitioner is that if the claims and the objections are invited on the same day, it would deprive the petitioner to file the proper objection as he would not have adequate time to file objections. In support of his submission, counsel has also drawn the attention of this Court to the application Annexure- P/4 which is filed on 28.08.2023 and on the same day, the petitioner had also filed an RTI application, but the respondents have not provided the requisite documents. Thus, this petition.

4] In support of his submissions, Shri Vibhor Khandelwal, counsel for the petitioner has also relied upon a decision rendered in the case of Mohanlal Patidar Vs. Bank of Maharashtra, Jabalpur an