CWP-18242-2021

237

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

(Through video conferencing)

CWP No.18242 of 2021

Date of Decision: 03.03.2022

UMESH SAHANI AND ORS

......Petitioners

Vs

AMBALA CANTONMNET BOARD AND OTHERS

.....Respondents

CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:Mr. Mehak Sawhney, Advocate

for the petitioners.

Ms. Ranjana Shahi, Advocate

for the respondents.

****

RAJ MOHAN SINGH, J.(Oral)

Present petition has been filed for the issuance of an

appropriate writ, order or direction in the nature of mandamus

directing the respondents to decide individual claims of the

petitioners under Rule 13 of Cantonment Electoral Rules, 2007

for inclusion of name in the Electoral Roll for the year 2021-22

by passing a speaking order as provided under Rule 16(4) of

Cantonment Electoral Rules, 2007 before Final publication of

Electoral roll as per Rule 17(2) of Cantonment Electoral Rules,

MOHMED ATIK

2022.03.04 17:10

I attest to the accuracy and

integrity of this document

CWP-18242-2021

2007.

On 14.09.2021, at the time of issuance of notice of

motion following order was passed by the Co-ordinate Bench of

this Court:-

<This matter is being taken up for hearing through

video conferencing due to outbreak of the pandemic,

COVID-19.

It is submitted that objections filed by the

petitioners have not been decided till date.

Notice of motion for 15.11.2021.

Publication of the final electoral roll, if any, shall

remain subject to decision of this writ petition.

(Lisa Gill)

September 14, 2021

Judge

rts=

Reply has been filed on behalf of the respondents. As

per preliminary objection, the objection/claim to the electoral roll

of Cantonment Board, Ambala has already been decided on

13.09.2021 by passing a speaking order.

Perusal of the aforesaid order dated 13.09.2021 would

show that the effort made by the Cantonment Board, Ambala in

order to serve the petitioner remained unfructified.

Learned counsel for the respondents on instructions

from the concerned quarter submits that validity of electoral roll

of Cantonment Board, Ambala has already been expired on

01.03.2022. After decision of the objections raised by the

MOHMED ATIK

2022.03.04 17:10

I attest to the accuracy and

integrity of this document

CWP-18242-2021

petitioner, new list has to be prepared in accordance with law.

Learned counsel for the respondents further submits

that in case the petitioners come forward by way of

documentary proofs at the time of preparation of new list, their

cases will be considered in accordance with law. If they are

found liable on the basis of documentation, their names will

certainly be included in the electoral roll in accordance with law.

In view of above, the present petition is disposed of.

(RAJ MOHAN SINGH)

March 03, 2022

JUDGE

Atik

Whether speaking/reasoned

Yes/No

Whether reportable

Yes/No

MOHMED ATIK

2022.03.04 17:10

I attest to the accuracy and

integrity of this document