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Deletion of Name From Voter List Cannot Be Challenged During Election Process:
A Pre-Poll Challenge Stymied by Constitutional Bar
In a significant ruling that reaffirms the in electoral matters, the has dismissed a petition challenging the deletion of a voter's name from the electoral roll for the Nagar Palika General Elections 2026. Justice Anoop Kumar Dhand, presiding over a single bench, held that once the election process is set in motion, courts are from entertaining any disputes relating to the voter list under .
The Grievance: Deletion Without Hearing
The petitioner, Kuldeep Kumar, a resident of Godawas village in Sikar district, contended that his name was originally present in the voter list for the upcoming municipal elections. However, in the revised lists published on 28 August and , his name was removed without any prior notice or opportunity of hearing. Represented by and , the petitioner argued that this action violated the applicable rules and the . He sought the quashing of the and a direction for the authorities to restore his name and others similarly placed.
The respondents, including the and the , opposed the petition, pointing out that the election schedule had already been notified. The last date for filing nominations was , and the entire election process—from 27 August to —was underway.
The Court's Reliance on Article 243-ZG and Supreme Precedent
The court, after hearing arguments, turned to the binding precedents set by the . It cited the landmark decisions in N.P. Ponnuswami v. Returning Officer, Namakkal Constituency and Ors. (1952) and Mohinder Singh Gill v. Chief Election Commissioner (1978). In these cases, the Apex Court firmly established that once the Election Commission issues the election program, the election process is deemed to have commenced, and no court can interfere with the schedule or proceedings.
The High Court observed that Article 243-ZG of the Constitution explicitly bars the jurisdiction of courts in matters relating to the or the to such constituencies, as well as any election-related disputes once the process has begun. The court noted that the petitioner's grievance, while serious, fell squarely within this prohibition.
Key Observations from the Bench
Justice Dhand made pivotal observations, quoting from the Supreme Court's reasoning in Ponnuswami :
"Any matter which has the effect of vitiating an election should be brought up only at the appropriate stage in an appropriate manner before a special tribunal and should not be brought up at an intermediate stage before any court."
The court further emphasized:
"Upon declaration of the election program by the , the election process has been initiated. Hence, the bar contained under comes into operation automatically."
Addressing the petitioner's claim of denial of natural justice, the judge stated:
"The grievance raised by the petitioner cannot be adjudicated by this Court, in the light of the judgment passed by the Apex Court in the above noted cases, at this stage after the election process has been initiated."
Final Verdict: Petition Dismissed
Consequently, the High Court rejected the on the sole ground that it was not maintainable once the election process had started. The and all pending applications were also dismissed. The ruling underscores that challenges to voter list deletions or similar electoral grievances must be raised only through an after the polls are concluded, and not through during the election period. This decision is likely to guide future cases where attempts are made to halt or alter the election machinery mid-stream.
