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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Vibha Kankanwadi, S.G.Chapalgaonkar
Chandrakant s/o Nimba Patil – Appellant
Versus
State Election Commission, Through The Chief Election Commissioner – Respondent
JUDGMENT :
Smt. Vibha Kankanwadi, J.
Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned Advocates for the parties.
2. The petitioner is invoking constitutional powers of this Court under Article 226 and 227 of the Constitution of India and seeks writ of mandamus against the respondents to consider his representations dated 02.08.2024, 16.08.2024, 20.08.2024, 29.08.2024 and 20.09.2024 addressed to them to identify, verify and remove names of voters those are registered in voter’s list for more than one occasion/time. He also seeks writ of mandamus to direct respondent Nos.1 and 2 to provide adequate infrastructure to election machinery at district level to identify, verify and remove names of voters, whose names have been registered in the voter’s list on more than one occasion/time.
3. The petitioner is a Member of Legislative Assembly, Maharashtra State, who has been duly elected from Muktainagar Constituency in District Jalgaon. The elections for the Legislative Assembly for the State of Maharashtra are scheduled by the end of 2024. The Election Commission of India has notified the schedule of revision of Electoral Roll. Respondent No.
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 exclusion or inclusion of names in the voters' list does not warrant interference by the Court under Article 226 of the Constitution of India. The writ-applicant was relegate to avail statutory r....
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....
Deletion from electoral rolls must comply with statutory procedures, and a petitioner must exhaust available remedies before seeking judicial review.
No inclusion in electoral roll allowed after nomination deadline per Section 23(3) of Representation of the People Act, 1950.
Election Law - Voter identification - Respondents to obtain the declaration of all the ASD voters, in terms of Section 31 of Representation of Peoples Act, 1951 - Respondents shall also get the signa....
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 availability of statutory remedies under the Representation of the People Act, 1950 restricts the maintainability of a writ petition regarding electoral roll inclusion.
The court emphasized that the inclusion or exclusion of names in the voters' list does not warrant interference under Article 226 of the Constitution of India and should be addressed through an elect....
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