PAWAN KUMAR Vs. STATE OF H. P.
LAWS(HPH)-2021-3-24
HIGH COURT OF HIMACHAL PRADESH
Decided on March 05,2021

PAWAN KUMAR Appellant
VERSUS
STATE OF H. P. Respondents

JUDGEMENT

Sureshwar Thakur,J. - (1.) Heard. The writ petitioner, through, the extant writ petition has shown agitation, against the purported invalidity of the roster, as, becomes drawn with respect to the elections, as, are being conducted in the Gram Panchayats, falling within the Dharampur Block, of, District Mandi, H.P.
(2.) During the pendency of the extant writ petition, before this Court, upon, an application, seeking interim relief, hence, for staying, the election schedule, as, drawn with respect to the elections, being conducted, in the Gram Panchayats, falling within the jurisdiction of Dharampur Block, District Mandi, H.P., an affirmative order was pronounced on 18.12.2020. However, subsequently on 30.12.2020, the afore interim order became vacated. However, the respondent concerned, omitted to proceed, to, conduct elections, to, the Gram Panchayats falling within the jurisdiction, of, Block Dharampur of District Mandi, H.P. It appears that the afore failings, of, the respondents, arose from, the process of inclusion of the voters in the voter lists, being underway.
(3.) Consequently, the learned counsel appearing for the petitioner has placed reliance, upon, a verdict rendered, upon, a factual matrix, rather alike to the factual matrix averred in the extant petition, and, has drawn the attention of this court to directions Nos.(i) and (ii), as, contained in a verdict pronounced, by a co-ordinate Bench, of this Court, upon, CWP 5987 of 2020 along with other connected matters, and, mandate whereof, become extracted hereinafter:- (i) In cases of re-organization bifurcation/separation/creation of Gram Panchayats/Blocks etc., reservation of offices therein should be allocated afresh based upon the 'changed' population structure in accordance with relevant provisions of applicable Statue and the Rules. However, while applying the Election Reservation Roster, proper care should be taken so that reservation roster gets rotated to the maximum extent possible; (ii) Grievances of the petitioners with respect to application and rotation of election reservation roster over changed territories of Gram Panchayats/Blocks, however genuine these might be, cannot be examined at this stage when election process is already underway, in view of bar imposed by Article 243-O of Constitution of India. In such circumstances, we direct the respondent-State to ensure that, in future, the notification reserving offices in the Gram Panchayats/Blocks in the State for various categories in elections to Panchayati Raj Institutions is published and placed in public domain on the website of State Election Commission at lease three months prior to the commencement of election process to enable timely adjudication of disputes pertaining to application/rotation of election reservation roster. All consequent steps in furtherance of same be also taken accordingly. (i) and he argues that though in the verdict supra, there was no interference with the schedule drawn, for the conducting of the elections, in the Gram Panchayats, in respect whereofs, the afore writ petitions became instituted before this Court, yet since any subsequent thereto elections, as may be contemplated, to be held to the Gram Panchayats in the State of Himachal Pradesh, there becomes cast therein, an imperative necessity, upon the respondents, vis-a-vis, theirs bearing in mind, the afore judicially pronounced parameters. Consequently, he validly argues, that, the respondents be directed to mete compliances, vis-a-vis, the hereinabove extracted mandate carried in CWP No.5987 of 2020. ;


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