Sudhanshu Dhulia, J. - (1.) According to the petitioner, he is a member of Gram Sabha Chauli, Shahbuddinpur, District Haridwar since 1960. Now, all of a sudden, without giving an opportunity of hearing to him, an order has been passed on 16.12.2017 by the respondent authorities, by which the name of the petitioner has been deleted from the electoral roll of Gram Sabha "Chauli" and it was ordered that the name of the petitioner be added in another Gram Sabha, known as "Mandawar". Thereafter on 03.01.2018, respondent no. 4 passed another order directing for delimitation of wards of Village Panchayat Chauli, Shahbuddinpur and Mandawar. This order has also been challenged by the petitioner before this Court.
(2.) Learned Senior Counsel for the petitioner relies upon sub-section (9) of Section 54 of the Uttarakhand Panchayati Raj Act, 2016 (from hereinafter referred to as the "Act"), which reads as under:- no such correction, deletion or addition shall be made after the last date for making nominations for an election in the Gram Panchayat and before the completion of that election: "54. Electoral roll for each territorial constituency.- (1) For each territorial constituency of a Kshettra Panchayat, an electoral roll shall be prepared, in accordance with the provisions of this Act, and the rules made thereunder under the superintendence, direction and control of the State Election Commissions. (a) Subject to the superintendence, direction and control of the State Election Commission, the State Election Commissioner shall supervise and perform all functions relating to the preparation, revision and correction of the electoral rolls in the State in accordance with this Act and the rules made thereunder. (b) The preparation, revision and correction of the electoral rolls shall be done by such persons and in such manner, as may be prescribed. (2) The electoral roll for the territorial constituency of a Kshettra Panchayat shall consists of the electoral roll prepared of a Gram Panchayat or Gram Panchayats comprised within the territorial constituency of the Kshettra Panchayat and it should not be necessary to prepare or revise separately the electoral roll for any such territorial constituency of a Kshettra Panchayat : Provided that any correction, deletion or addition made in the electoral roll after the late date for making nominations for any election to the Kshettra Panchayat and before the completion of that election shall not be taken into consideration for the purposes of that election. (3) The electoral roll referred to in clause (a) of sub-section (1) shall be published in the prescribed manner and upon its publication it shall, subject to any alteration, addition or modification made in accordance with this Act and the Rules made thereunder be the electoral roll for that territorial constituency prepared in accordance with the provisions of this Act. (4) Subject to the provisions of clause (a), (b) of sub-section (1), every person who has attained the age of 18 years on the first day of January of the year in which the electoral roll is prepared or revised, and who is ordinarily resident in the territorial constituency of a Gram Panchayat shall be entitled to be registered in the electoral roll for the territorial constituency; Provided that (i) A person shall not be deemed to be ordinarily resident in the territorial constituency on the ground only that he owns or is in possession of, a dwelling house therein. (ii) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein. (iii) A member of Parliament or of the Legislature of the State shall not during the term of his office cease to be ordinarily resident in the territorial constituency merely by reason of his absence from that area in connection with his duties, as such member. (iv) Any other factors that may be prescribed shall be taken into consideration for deciding as to what persons may or may not be deemed to be ordinarily residents of a particular area at any relevant time. (v) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case. (5) A person shall be disqualified for registration in an electoral roll, if he (i) is not a, citizen of India; or (ii) is of unsound mind and stands so declared by a competent court; or (iii) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections. (6) The name of any person who becomes disqualified under sub-section (5) after registration shall forthwith be struck off the electoral roll in which it is included : (7) No person shall be entitled to be registered in the electoral roll for more than one or more than once in the electoral roll for the same Panchayat. (8) No person shall be entitled to be registered in the electoral roll for any territorial constituency, if his name is entered in any electoral roll pertaining to any city, municipality or cantonment unless he shows that his name has been struck off such electoral roll. (9) Where the Electoral Registration Officer or Asst. Electoral Registration Officer is satisfied after making such inquiry as it may deem fit, whether on an application made to it or on its own motion, that any entry in the electoral roll should be corrected or deleted or that the name of any person entitled to be registered should be added in the electoral roll, it shall subject to the provisions of this Act and rules and orders made thereunder correct, delete or add the entry as the case may be: Provided that no such correction, deletion or addition shall be made after the last date for making nominations for an election in the Gram Panchayat and before the completion of that election: Provided further that no deletion or correction of any entry in respect of any person affecting his interest adversely shall be made without giving him reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him. (10) (11) . (12) . (13) . (14) ."
(3.) The above proviso makes it absolutely clear that before correcting any entry in the electoral roll, an opportunity of hearing has to be given to the person concerned, which admittedly in the present case has not been given.;