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2026 DAILYLAW 6435 (HP)

ARJUN SINGH AND ANOTHER v. THE STATE ELECTION COMMISSION AND OTHERS

CWP/19138/2025 · 2026-01-05

Ajay Mohan Goel

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:HHC:854 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 18622 of 2025 a/w CWP Nos. 19138 and 19396 of 2025 Decided on : 05.01.2026 1. CWP No. 18622 of 2025 Sanjeev Pathania …Petitioner Versus State Election Commission through its Secretary and others …Respondents 2. CWP No. 19138 of 2025 Arjun Singh and another …Petitioners Versus State Election Commission through its Secretary and others …Respondents 3. CWP No. 19396 of 2025 Mani Kumar and another …Petitioner Versus State Election Commission through its Secretary and others …Respondents 2 2026:HHC:854 Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner(s) : Mr. N.K. Thakur, Senior Advocate, with M/s Divya Raj Singh and Karan Veer Singh, Advocates, in all petitions. For the respondents : Mr. Surinder Kumar Sharma, Advocate, for respondent No.1, in all petitions. Mr. R.P. Singh, Deputy Advocate General, for respondents No.2 to 4, in all petitions. M/s Nitin Thakur, Udit Shaurya Kaushik and Ruma Kaushik, Advocates, for respondents No.5 to 7, in CWP No. 18622 of 2025, for respondents No.5 to 9, in CWP No. 19138 of 2025 and for respondents No.5 to 11, in CWP No. 19396 of 2025. Ajay Mohan Goel, Judge (Oral) As common issues of law and facts are involved in these petitions, they are being disposed of vide common judgment. 2. The prayers made in these writ petitions read as under:- 1Whether reporters of the local papers may be allowed to see the judgment? 3 2026:HHC:854 “CWP No. 18622 of 2025 It is therefore, respectfully prayed that the present writ petition may very kindly be allowed with the appropriate writ order or direction, thereby quashing the voter list ANNEXURE P-7. Any other or further order which the Hon'ble Court may deem just and proper. CWP No. 19138 of 2025 It is therefore, respectfully prayed that the present writ petition may very kindly be allowed with the appropriate writ order or direction, be issued in deleting the name(s) of Respondent No. 5 to 16, from ANNEXURE P-9. Any other or further order which the Hon'ble Court may deem just and proper. CWP No. 19396 of 2025 It is therefore, respectfully prayed that the present writ petition may very kindly be allowed with the appropriate writ order or direction, be issued in deleting the name(s) of Respondent No. 5 to 11, from ANNEXURE P-5. Any other or further order which the Hon'ble Court may deem just and proper.” 3. Learned Deputy Advocate General has made available for the perusal of the Court the record of the cases in hand and perusal thereof demonstrates that on the so called 4 2026:HHC:854 Appeals filed by the private respondents/on behalf of the private respondents, feeling aggrieved by the exclusion of their names from the voter list, there is no order passed by the Appellate Authority, yet their names subsequently stand included in the voter list. 4. On a pointed query put to the learned Deputy Advocate General, he submits that as per his instructions, this is the only record available. 5. In light of these facts, without making any observation on the merits of the case, as agreed, all these petitions are disposed of with the direction that a fresh call shall be taken on the Appeals filed on behalf of the aggrieved parties, by the Appellate Authority i.e. respondent No.3, within a period of two weeks from today including maintainability thereof. In the Appeals, not only the concerned party shall be heard but the present petitioners shall also be heard, so that petitioners can raise objections with regard to the maintainability of the Appeals. Till appropriate order is not passed by the Authority concerned, in terms of the judgment passed by this Court, the names of the private respondents 5 2026:HHC:854 reflected in the voter list, shall be kept in abeyance and they shall not be permitted to take advantage thereof. 6. The petitions are disposed of in above terms. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge January 05, 2025 (Shivank Thakur)