NINALA JAYASURYA
Batchina Gouthami – Appellant
Versus
Election Commission of India – Respondent
JUDGMENT
1. In the present batch of writ petitions, the petitioners are seeking to declare the action of the respondents in conducting enquiry on Form-7s, objecting to the names of the petitioners in Electoral Rolls of Parchuru Assembly Constituency and further deleting the names of the petitioners from the online electoral rolls without any order or reason as illegal, arbitrary, violative of principles of natural justice and for consequential directions. Some of the petitioners are also challenging the specific orders by amending the prayer.
2. In W.P.Nos.306 and 323 of 2024, this Court passed an order dtd. 5/1/2024, granting interim directions as prayed for. Seeking to vacate the said interim orders the respondents filed vacate stay petitions along with the relevant material.
3. At the time of considering these two writ petitions, the learned counsel for the petitioners made a request to dispose of all the cases since the contentions raised are same. Accordingly, W.P. No.306 of 2024 has been taken up as the lead case and this batch is disposed of by this Common order with the consent of the both sides.
4. At the outset, it may also be relevant to state that in all these writ petit
The main legal point established in the judgment is the self-contained nature of the Representation of People Act, 1951 and the Registration of Electors Rules, 1960, and the availability of statutory....
The right to a hearing before deletion from electoral rolls is fundamental; statutory remedies under the Representation of the People Act must be followed prior to court intervention.
The High Court will not exercise its writ jurisdiction to restore names to an electoral roll if a petitioner has failed to exhaust efficacious statutory remedies, such as filing for inclusion or appe....
A writ petition challenging the deletion of names from electoral rolls is premature and non-maintainable if the petitioner has not first exhausted the statutory remedies for inclusion and appeal prov....
The availability of statutory remedies under the Representation of the People Act, 1950 restricts the maintainability of a writ petition regarding electoral roll inclusion.
When a special statute provides for a comprehensive remedial mechanism, including applications for inclusion and subsequent appellate reviews for the correction of electoral rolls, the court will typ....
Aggrieved individuals must exhaust statutory remedies under the law governing electoral rolls before seeking judicial intervention, as disputes involving factual verification, such as name deletion, ....
When a specific statutory mechanism is provided for the correction and inclusion of entries in electoral rolls, a writ petition is not maintainable until the petitioner has exhausted available admini....
Where a statutory mechanism exists to address disputes regarding voter registration and the deletion of entries, individuals must exhaust those administrative remedies, including appeals, before invo....
When a comprehensive statutory framework exists for the correction or inclusion of names in electoral rolls, a writ petition is not maintainable unless the petitioner first exhausts the prescribed ad....
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