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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Ninala Jayasurya, J.
Batchina Gouthami - Appellant
Versus
Election Commission of India - Respondent
Writ Petition Nos. 32045, 32986 of 2023, 306, 323, 381, 384, 396, 632, 663, 829, 831, 835, 855, 857, 858, 860 of 2024
Decided On : 02-02-2024
Election Roll Deletion - Electoral Roll Deletion - Sec. 20, 21, 22, 23, 24 of the Representation of People Act, 1951; Rule 5, 10, 12, 13, 14, 19, 20, 21A, 22, 23 of the Registration of Electors Rules, 1960 - The court considered the provisions of the Representation of People Act, 1951 and the Registration of Electors Rules, 1960 in the context of deletion of names from the electoral roll. It emphasized the self-contained nature of the Act and Rules, the availability of statutory remedies, and the importance of following the prescribed procedures for lodging claims and objections.
Fact of the Case:
The petitioners sought to challenge the deletion of their names from the electoral roll, alleging violation of principles of natural justice by the respondent authorities. The court considered the contentions raised by both parties and the relevant statutory provisions.
Finding of the Court:
The court found that the respondent authorities had issued notices in accordance with the rules and that the statutory remedies of appeal were available to the petitioners. It held that the exercise of discretionary powers under Article 226 of the Constitution was not warranted, and the petitioners could challenge the correctness of the orders before the statutory authorities.
Issues: The main issue was whether the deletion of names from the electoral roll violated principles of natural justice and whether the petitioners had exhausted the available statutory remedies.
Ratio Decidendi: The court emphasized the self-contained nature of the Representation of People Act, 1951 and the Registration of Electors Rules, 1960, and the availability of statutory remedies for challenging the deletion of names from the electoral roll. It held that the petitioners could raise their contentions before the appellate authority and that the statutory remedy of appeal was more efficacious.
Final Decision: The writ petitions were disposed of, leaving it open to the petitioners to challenge the orders passed by the 4th respondent by way of statutory appeals. The interim orders were vacated, and the court emphasized the importance of preparing the electoral rolls in accordance with the law.
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 petitions wherein the petitioners sought to contend that their names have been deleted from the voters list illegally, as per the respondent officials, individual orders deleting the names of the petitioners from the Electoral Roll have been passed for the reasons specified therein.
5. For the sake of clarity, it may be pertinent to note that only in W.P.Nos.381, 636, 663, 829 and 858 of 2024 the petitioners sought amendment of prayer and challenged the proceedings of deletion passed by the 4th respondent-Electoral Registration Officer of Parchur Assembly Constituency.
6. In the other writ petitions i.e., W.P. No.306 and 323, wherein vacate stay petitions have been filed and W.P.No.32045 of 2023 wherein a counter is filed and W.P.Nos.632, 384, 396, 831, 835, 855, 857 and 860 of 2024 no steps have been taken to challenge the orders deleting the names of the petitioners from the electoral roll.
7. Further in W.P.No.384, 396, 632, 831, 835, 855, 857 and 860 of 2024, the learned counsel for the Election Commission obtained instructions from the concerned officers and placed the same for perusal of this Court, wherein specific details with reference to the orders passed deleting the names of the petitioners in the said writ petitions and service of the same, to some of the petitioners through registered post/by hand to them/their family members etc., are stated. The said instructions would also go to show that the names of some of the petitioners are retained in the electoral roll after due enquiry. The said instructions are placed on record and for the sake of brevity, all the details are not mentioned herein.
8. Reverting back to the main issue with regard to the deletion of the names of the petitioners from the electoral roll, the contentions raised by the respective parties may be set out hereunder.
SUBMISSIONS OF PETITIONERS' COUNSEL:
9. Ms. Pilla Yeswani, learned counsel for the petitioners advanced extensive arguments on the basis of the averments made in the writ petitions. It is her main contention that the respondent authorities, more particularly, the 4th respondent acted in gross violation of principles of natural justice in deleting the names of the petitioners from the electoral roll. She submits that all the petitioners are permanent residents of different villages / areas as stated in the individual writ petitions and are provided with Electoral Photo Identity Card (EPIC) and are on the electoral rolls of Parchur Assembly Constituency. She submits that entertaining Form-7 objections filed by a single individual in bulk, the 4th respondent contrary to para 11.3.2.(ii) of the Manual on Electoral Rolls, 2023 (hereinafter referred to as -Manual?), issued by the Election Commission of India, and the Registration of Electors Rules, 1960 (for short -t
AI
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