Vikas Kumar Sahoo v. State Of Chhattisgarh And ORS.

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IN THE HIGH COURT OF CHHATHSGARH AT BILASPUR

WRIT PETITION (C) No. zz§ 6L /2014 Vikas Kumar Sahoo, S/o Shri Bhoopg'gv PETITIONER Singh Sahoo, aged about years, Occupation-Printinggrok R/o Ramgudi, Telipara, P.S.- City Kotwali, DistrictRaigarh (C.G.)

VERSUS

RESPONDENTS 1'

State of Chhattisgarh through Secretary, Department of Urban Administration and Development, Mahanadi Bhaw an, Mantralaya, Capital Compiex, Naya Raipur, District-Raipur (CG) Chhattisgarh State Election Commission through Secretary, Chhattisgarh State Election Commission, Near D.K.S.Bhawan, Old Mantralaya, Raipur (C.G.) 3.

Collector, Raigarh, District-Raigarh (C.G.) 4.

District Election Officer, Raigarh, DistrictRaigarh (co) 5.

Municipal Corporation Raigarh, through Commissioner, Municipal Corpoartion, Raigarh, District-Raigarh (C.G.) ale

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_ WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION, OF INDIA

HIGH COURT OF CHHATTISGARH : BILASPUR W.P.(C) No.2'562 of 2014 PETiTlONER Vikas Kumar Sahoo

Versus

RESPONDENTS State of Chhattisgarh & others single Bench : Hon'ble Shri Justice Prashant Kumar Mishra Present :- Shri Chandresh Shrivastava, counsel for the petitioner. Shri Arun Sao, Dy. AG for the State.

Shri R.S.

Marhas and Shri Pankaj Agrawal, counsel for the respective respondents.

ORAL ORDER (Passed on this 24th day of December, 2014) Heard learned counsel for the parties.

The petitioner has preferred this writ petition seeking quahsment of the revised electoral roll of Ward No.13, Part-3, Municipal Corporation area Raigarh and to consider the earlier voter list of Ward No.13, Part-3 for the upcoming Municipal Corporation electione2014. He has also prayed for a direction to the respondent authorities to allow the petitioner and other residents of Ward 13 whose names were included in the earlier voter list to cast their votes in the forthcoming election. 2.

Under Rule 9 of the Chhattisgarh Nagarpalika Nirvachan Niyam, (for short 'the Niyam, 1994') except any clerical or typographical error, no other correction in the voter list is permissible after the last date of submission of nomination papers. Admittedly, last date of submission of nomination paper is already over.

3.

Prayer for quashment of electoral roll would affect the ensuing election.

Similarly, a writ of mandamus cannot be issued contrary to the express provisions of the Niyam, 1994.

4.

In view of the above, no interference can be made at this stage.

Accordingly, the writ petition is dismissed.

Sd/- Prashant Kumar Mishra Judge ASHU