AKHTAR HUSSAIN Vs. H.P.STATE COMMISSION
HIGH COURT OF HIMACHAL PRADESH
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Tarlok Singh Chauhan,J. -
(1.) Aggrieved by the non-inclusion of their names in the Voter List, the petitioners have filed the instant petition for the grant of following substantive reliefs:-
(i) That the respondents be directed to revise the electoral roll of the gram panchayat Daand under Development Block Salooni and the names of the petitioner be included in the voter list of the gram panchayat Daand under Development Block Salooni Chamba and the nomination of the petitioner for contesting panchayat election may also be ordered to be accepted.
(ii) That impugned orders if any passed by the respondent which has not been supplied to the petitioners be also quashed and set aside being in violation of the H.P. Panchayati Raj (Election) Rules.
(2.) It is well settled proposition of law that inclusion or exclusion of name in the Voter List cannot be termed as an extraordinary circumstance warranting interference of the High Court in exercise of the jurisdiction under Article 226 of the Constitution. However, it is always open to a person whose name is not included in the Voter List to avail the benefit by filing election petition as the authorities constituted have wide powers to cancel, confirm and amend the election and it can also direct to hold fresh election, in case, the election is eventually set aside.
(3.) No doubt, in extraordinary and exceptional circumstances, the High Court can entertain writ petition under Article 226 of the Constitution where the order is ultra vires or nullity and/or ex facie without jurisdiction. The exclusion or inclusion of name in the Voter List cannot be termed as extraordinary circumstance warranting interference by the Court under Article 226 of the Constitution and such question at best are to be decided in election petition.;
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