IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Sandeep Maruti Raskar – Appellant
Versus
District Magistrate cum District Election Officer – Respondent
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 r
Deletion from electoral rolls must comply with statutory procedures, and a petitioner must exhaust available remedies before seeking judicial review.
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 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.
No inclusion in electoral roll allowed after nomination deadline per Section 23(3) of Representation of the People Act, 1950.
Delay in taking suitable steps in relation to the voters list can be fatal to a case under the Election Commission Act.
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 finality of the electoral roll and the inability to challenge its validity in an election petition.
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....
Due diligence in following the mandated procedures for inclusion in the Electoral Rolls is crucial, and failure to adhere to the procedures outlined in the Rules of 2023 may result in the dismissal o....
Voting rights are statutory and must adhere to legal provisions, requiring proper notice and opportunity before deletion from voters list.
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