Deletion from electoral rolls must comply with statutory procedures, and a petitioner must exhaust available remedies before seeking judicial review.

JUDGMENT :

N.J.Jamadar, J.

1. Rule. In view of the urgency, rule made returnable forthwith, and, with the consent of the learned Counsel for the parties, heard finally.

2. 2. By this Petition under Article 227 of the Constitution of India, the Petitioner assails the legality, propriety and correctness of an order dated 6 November 2025 passed by the District Collector / District Election Officer, Pune, in Appeal No.1 of 2025, whereby the appeal preferred by the Petitioner purportedly under Section 24 of the Representation of the People Act, 1950 read with Rule 23 of the Registration of Electors Rules, 1960, came to be dismissed

3. The Petitioner claims to be a resident and former Councilor of the Alandi Municipal Council. As the name of the Petitioner was included in the electoral rolls of Alandi Municipal Council, Bhosari Legislative Assembly Constituency and Khed Municipal Council, the Petitioner filed an application in Form No.7 of the Registration of Electors Rules, 1960, seeking deletion of the name of the Petitioner in the electoral rolls of Bhosari Legislative Assembly Constituency and Khed Municipal Council, on 22 November 2021 and sought retention of his name in the electoral roll for Alandi Municipal Council.

4. It is the grievance of the Petitioner that on 30 December 2023, the Booth Level Officer made an application for deletion of the name of the Petitioner from the electoral roll of Alandi Municipal Council and without notice to the Petitioner, the name of the Petitioner came to be deleted. On 30 September 2025, the State Election Commission declared programme for the general elections to the Municipal Council and Nagar Panchayats. The voter’s list for Alandi Municipal Council was published on 8 October 2025. Thereupon, the Petitioner found that the name of the Petitioner was deleted from the electoral roll for Alandi Municipal Council.

5. On 10 October 2025, the Petitioner submitted an application to the Election Officer (R2) for inclusion of the name of the Petitioner in the electoral roll. By a communication dated 13 October 2025, the said application was disposed observing that, in accordance with the directions of the State Election Commission (R3), the draft voters list in accordance with the electoral rolls of the Maharashtra Legislative Assembly as of 1 July 2025, was published, and, therefore, it was not possible to include the name of the Petitioner in the draft voters list, as the name of the Petitioner did not appear in the electoral roll for the concerned Maharashtra Legislative Assembly constituency.

6. Being aggrieved, the Petitioner had initially preferred Writ Petition No.14116 of 2024, before this Court. The said Writ Petition was withdrawn with liberty to avail the appellate remedy. Availing the said liberty, the Petitioner preferred an appeal before the District Election Officer.

7. By the impugned order, the District Election Officer (R1) dismissed the appeal observing, inter alia, that in the wake of the Parliamentary and Legislative Assembly General Elections, the draft electoral rolls were published and finalized in the year 2024 and the deletion of the name of the Petitioner was not assailed by the Petitioner by filing an appeal within the stipulated period.

8. Mr. Vineet Naik, learned Senior Advocate for the Petitioner, submitted that the deletion of the name of the Petitioner from the electoral roll of Alandi Municipal Council was in clear violation of the Registration of Electors Rules, 1960 and the fundamental principle of natural justice. No notice was served on the Petitioner before deletion of his name at the instance o