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2025 DAILYLAW 7541 (CHH)

PILOORAM SAHU v. STATE OF CHHATTISGARH

WPC/722/2025 · 2025-02-03

Shri Bibhu Datta Guru

Public Interest Litigationbody2025

Judgment text

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1 WPC No.722 of 2025 2025:CGHC:6020 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 722 of 2025 1. Pilooram Sahu S/o Late Pyarelal Sahu Aged About 55 Years 2. Nanda Sahu W/o Pilooram Sahu Aged About 49 Years 3. Sakshi Sahu D/o Pilooram Sahu Aged About 22 Years 4. Nishchay Sahu S/o Pilooram Sahu Aged About 20 Years R/o Ward No.- 15, Hirri, Gram Hirri, Tehsil Dhamdha, District Durg, CG ... Petitioners Versus 1. State Of Chhattisgarh Through Secretary Department Of Panchayat And Rural Welfare Mahanadi Bhawan, Mantralaya, Atal Nagar Nava Raipur, District Raipur (C.G.) 2. Chhattisgarh State Election Commission Atal Nagar, Nava Raipur, District- Raipur (C.G.) 3. District Election Officer Cum Collector District- Durg, Chhattisgarh 4. District Election Officer Cum Collector District- Bemetara, Chhattisgarh 5. Chief Executive Officer Jila Panchayat, Durg, District- Durg (C.G.) 6. Chief Executive Officer Jila Panchayat, Bemetara, District- Bemetara (C.G.) 7. Electoral Registration Officer District- Durg (C.G.) 8. Electoral Registration Officer District - Bemetara (C.G.) 2 WPC No.722 of 2025 9. Electoral Registration Officer 68 Saja, District- Bemetara (C.G.) 10.Electoral Registration Officer Janpad Panchayat Dhamdha, District- Durg (C.G.) --- Respondents (Cause title is taken from Case Information System) For Petitioner(s) : Shri Hemant Kumar Agrawal, Advocate For Respondent/State : Shri Praveen Das, Dy. Adv. General For Respondent/Election Commission : Shri Ranbir Singh Marhas, Advocate Order on Board By Bibhu Datta Guru, J. 3/2/2025 1. By the present petition, the petitioners seeking a direction towards the respondent Collector to include their names in the final voter list published for panchayat elections in Gram Panchayat Hirri, Tehsil Dhamdha, District Durg, Chhattisgarh. 2. Learned counsel appearing for the petitioners would submit that the Gram Panchayat Hirri is the native place of the petitioners, however, for employment purpose they migrated to Durg and the Aadhar Cards were also issued in their favour with the address of Durg. He would further submit that when the petitioners migrated to Durg their names included in the voter list of Durg, but presently they came back to their native place i.e. village Hirri. Thereafter, they applied for correction of address in their respective Aadhar cards as village Hirri. Even on the request of the petitioners, the EPICs (e-Electors Photo Identity Card) have also been issued by the Election Commission of India. The petitioners also 3 WPC No.722 of 2025 fulfilled the requisite formalities for inclusion of their names in the voter list of village Hirri, but when no action has been taken in this regard they submitted a representation before the District Election Officer on 27-1- 2025, which is pending consideration and the petitioners are being deprived from casting their vote, which is a statutory right of the petitioners. 3. Learned counsel appearing for the State Election Commission, per contra, would submit that the representation submitted by the petitioner on 27-1-2025 i.e. after publication of the final voter list on 18-1-2025 as per the time schedule fixed by the State Election Commission vide order dated 27-12-2024 read with the order dated 14-1-2025. In fact, the petitioners never approached the authority concerned when the preliminary voter list was published on 31-12-2024. Thus, after publication of the final voter list the relief sought for by the petitioners cannot be granted. Even the petitioner himself mentioned in the representation dated 27-1-2025 that presently he is residing at Durg and hence the contention of the petitioner that he is the resident of village Hirri is incorrect. 4. I have heard learned counsel for the parties and perused the documents. 5. During the course of arguments, copies of the orders dated 27-12-2024 and 14-1-2025 relating to time schedule prescribed by the State Election Commission with respect to the voter list have been placed before this Court. The same are taken on record. Relevant portion of time schedule given in the aforesaid orders read as under : 4 WPC No.722 of 2025 Order dated 27-12-2024 : निብኋचक मብኋली तैयर करे क कय्ቅम (समय-अुसूची) नितीय चरण 12. निብኋचक मብኋली क ्ቚरंभिक ्ቚकश एብኋं दብኋे तथ आपቈኌ#यं ्ቚ्቎ कर 31.12.2024 मंगलብኋर से 13. दብኋे/आपቈኌ#यं ्ቚ्቎ करे की अंतितम तरीख ብኋ समय 06.01.2025 सोमብኋर समय अपरन्ह 3.00 बजे तक 14 . दብኋे/आपቈኌ#यों क निपटरे की अंतितम तरीख 09.01.2025 गुरुብኋर 15. ्ቚरूप क-1 में रजिजस्ट्रीकरण अति6करी/सहयक रजिजस्ट्रीकरण अति6करी को दብኋ ्ቚस्तुत करे की अंतितम तितभिथ 10.01.2025 शु्ቅብኋर 16. ्ቚरूप क-1 में ्ቚ्቎ दብኋ क निरकरण करे की अंतितम तितभिथ 11.01.2025 शनिብኋर 17. दብኋे/आपቈኌ#यों के निरकरण आदेश के निብኋरु्ቍ अपील करे की अंतितम तरीख निरकरण आदेश परिरत होे के 05 निदብኋस के ीतर 18. परिरብኋ6, संशो6, निብኋलोप के ्ቚकरणों की ्ቚनिብኋनि9 सॉफ्टብኋेयर में कर 14.01.2025 मंगलብኋर तक 19. चेकቈኌलस्ट क निብኋच रजिजस्ट्रीकरण अति6करी र जंच करብኋ तथ पी० डी० एफ. मु्ቖण हेतु जिजल कयलय को सौंप 20. अुपूरक सूची क मु्ቖण कर और अुपूरक सूची को मूल सूची के सथ सल्ሿ कर 21. निብኋचक मብኋली क अंतितम ्ቚकश 15.01.2025 बु6ብኋर (म. रज्य निብኋच आयु्ሹ र अुमोनिदत) Order dated 14-1-2025 : निብኋचक मብኋली तैयर करे क कय्ቅम (समय-अुसूची) नितीय चरण 21. निብኋचक मብኋली क अंतितम ्ቚकश 18.01.2025 शनिብኋर (म. रज्य निብኋच आयु्ሹ र अुमोनिदत) 5 WPC No.722 of 2025 6. From the above orders, it is quite vivid that last date for publication of voter list is 18-1-2025. Perusal of the documents and pleadings of the petition, it appears that the petitioners have not raised any objection at the time of publication of preliminary voter list whereas the representation has submitted only on 27-1-2025, which is at a belated stage. Once the Election Commission prescribed the time schedule with regard to voter list, the petitioner is duty bound to approach the authority concerned to rectify the mistake, however, the petitioners have not taken any initiative and, as such, no direction can be issued, at this stage, to include the name of the petitioners in the voter list of village Hirri. Further in the fourth line of the representation dated 27-1-2025, the petitioner categorically mentioned that ብኋतम में अस्थयी रुप से दुग में निብኋसरत हूँ । It is also noteworthy to mention that mere issuance of EPIC in favour of the petitioner by the Election Commission of India is not sufficient to include the name of the petitioner in the voter list published by the State Election Commission. 7. In the result, the writ petition, being bereft of merit, is liable to be and is hereby dismissed at the motion stage itself. Sd/- (Bibhu Datta Guru) Judge Gowri K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.02.03 18:05:09 +0530