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M. NAGAPRASANNA
M. G. Pradeep, S/o. N. Gopala Krishnan – Appellant
Versus
Election Commission Of India, Nirvachana Sadan, Rep By Its Secretary – Respondent
Headnote: Read headnote
ORDER :
These petitions are a reminder that the elections are around the corner and as always dispute regarding pre-election process galore. These petitions are filed by the political party and the booth level agents of the said political party. Since the issues in the lis are common, they are taken up together, considered and disposed by this common order.
W.P.No.2632/2023
2. The petitioner, in the subject petition, is a political party represented by its General Secretary, is knocking at the doors of this Court seeking consideration of their representations submitted on 30-11-2022 and 23-01-2023 for corrective measures to be taken in the electoral roll concerning Shivajinagar Assembly Constituency of the State of Karnataka. What drives the petitioner to submit those representations is required to be noticed. The process for conduct of a pre-election procedure is initiated by the Election Commission of India (‘Commission’ for short). In furtherance of the said conduct of pre-election procedure, the Commission started preparation of electoral roll and publish
The main legal point established in this judgment is that the Election Commission has a duty to rectify discrepancies in the electoral roll to ensure free and fair elections.
Right to be included in electoral roll or to challenge to inclusion of any name in roll is a right conferred upon an individual and not upon any political party.
Deletion from electoral rolls must comply with statutory procedures, and a petitioner must exhaust available remedies before seeking judicial review.
The court upheld that procedural compliance in voter registration processes is mandatory, denying bulk objections that lack proper individual submissions as per statutory requirements.
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 court ruled that the provisional voters' list must be based on the correct date as per statutory rules, emphasizing compliance with election regulations.
An election petition must contain specific prayers and material facts; defective electoral rolls alone cannot invalidate an election, and the absence of full particulars does not preclude trial if ma....
The main legal point established in the judgment is the duty of the Election Officer to protect the rights of the voters while preparing the final voters’ list and the importance of including the nam....
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