The Rajasthan High Court directed Sri Ganganagar police to trace a man who had allegedly gone missing while travelling to vote in the Sri Vijaynagar Municipal Board chairperson election and ensure that he could exercise his franchise before polling closed. The man, Vijay Kumar, was subsequently traced and cast his vote, following which the court disposed of the habeas corpus petition on September 22.
A bench of Justices Nupur Bhati and Baljinder Singh Sandhu had taken up the petition filed by Kumar’s wife, Shashi, on September 21. Although the day was a holiday on account of Baba Ramdev Jayanti, the matter was heard urgently following a direction from the Chief Justice in view of the urgency cited by the petitioner.
Court Sets 4 PM Deadline To Trace Voter
With voting for the post of chairman of the Sri Vijaynagar Municipal Board scheduled to close at 5 pm, the bench directed the Superintendent of Police, Sri Ganganagar, to ensure that Kumar was traced by 4 pm and given an opportunity to cast his vote.
The direction came after the Superintendent of Police appeared before the court through video conference and informed the bench that efforts were underway to locate Kumar.
The court also directed the additional advocate general to place a compliance report on record and listed the matter for the next day.
Wife Alleged Abduction Near Bajuwala
According to the submissions made on behalf of the petitioner, Kumar was travelling with other candidates belonging to the same political party on the morning of September 21 when unknown persons allegedly opened fire at three voters near Bajuwala, around 10 km from Sri Vijaynagar, and forcibly took them away.
The court recorded these allegations as submissions made by the petitioner and did not make a finding that the alleged firing or abduction had been established.
Shashi told the court that Kumar could not be contacted after the incident and that his mobile phone was switched off. Her counsel further submitted that a complaint had been made to the concerned police station, but an FIR was initially not registered.
Polling Deadline Extended To 5 PM
The petitioner informed the court that polling had originally been scheduled between 10 am and 2 pm. Following the alleged incident involving Kumar, the returning officer extended the voting deadline to 5 pm.
During the urgent hearing, the bench asked the additional advocate general to secure the presence of the Superintendent of Police through video conference. The court reassembled at 2 pm and questioned the police officer about the delay in registering the FIR.
The Superintendent of Police informed the bench that the complaint had subsequently been acted upon and an FIR registered.
He also stated that Mangatram and Pyarelal, two other men who had allegedly been travelling with Kumar and were said to have been abducted along with him, had already been traced and had cast their votes.
The police officer assured the court that effective steps were being taken to locate Kumar. In view of the limited time remaining before polling closed, the bench directed that he be traced no later than 4 pm and allowed to participate in the election.
Petition Disposed Of After Kumar Casts Vote
When the matter was taken up on September 22, the High Court was informed that Kumar had been traced and had exercised his franchise within the extended polling period.
The bench accordingly disposed of the habeas corpus petition.
The court’s order did not identify any person allegedly responsible for the incident or make a final finding on whether Kumar had been abducted or who was responsible for the reported firing. The proceedings were confined to the urgent request to trace Kumar and ensure that he had an opportunity to vote before the deadline.
