Bhag Singh’s case to come up for hearing 9 days after poll

Tribune News Service

Chandigarh, October 18

Bhag Singh’s case will come up for hearing nine days after the Assembly elections in Haryana.

The candidature of Bhag Singh, candidate of the Jannayak Janta Party (JNJP) from Kalka for the upcoming Assembly elections, was rejected as his name was not on the voters’ list.

Taking up the matter, the Bench of Justice Rajan Gupta and Justice Manjari Nehru Kaul directed the Panchkula Deputy Commissioner to be present in the court on October 30, the next date of hearing. The high court had earlier called for a short affidavit specifying whether the notice was issued before the deletion of his name from the voters’ list.

The Bench was earlier told that the name of Bhag Singh’s wife was there on the voters list, but his name was deleted at serial number 214. Referring to Section 22 of the Representation of the People Act, SS Salar, counsel for Bhag Singh, submitted that the electoral registration officer was required to give reasonable opportunity of hearing regarding action proposed to be taken. This was to be done before deleting entry on the ground that the person concerned ceased to be an ordinary resident in the constituency. Or else, he was otherwise not entitled to be registered in the electoral roll of the constituency.

Salar also submitted that objection regarding bar to entertain the writ petition on account of commencement of the election process would not be applicable in the facts and circumstances of the matter. “The challenge is not in the present petition to the rejection of the nomination papers, but the challenge is to the deletion from the electoral rolls,” he added.

What happened

The candidature of Bhag Singh, nominee of the Jannayak Janta Party from Kalka for the upcoming Assembly elections, was rejected as his name was not on the voters’ list.

Taking up the matter, the Bench of Justice Rajan Gupta and Justice Manjari Nehru Kaul directed the Panchkula Deputy Commissioner to be present in the court on October 30, the next date of hearing.