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MANISH CHOUDHURY
Abdul Qadir S/o Late Akbar Ali – Appellant
Versus
State of Assam – Respondent
ORDER :
MANISH CHOUDHURY, J.
Heard Mr. N.H. Barbhuiya, learned counsel for the petitioners; Mr. K. Konwar, learned Additional Advocate General, Assam for the respondent nos. 1, 3 & 5; Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission for the respondent nos. 2, 6, 7 & 8; and Ms. P. Baruah, learned Standing Counsel, ECI for the respondent no. 4 through virtual mode.
2. The petitioners, 4 [four] in nos., have approached this Court by the present writ petition stating that they have similar kind of grievances, though factually slightly different from each other. The petitioners have stated that they are inhabitants of Karimganj District [now, Sribhumi District], which district consist of 95 Gaon Panchayats. One of the Gaon Panchayats is 85 no. Dhalcherra Gaon Panchayat. After the recent delimitation exercise, the respondent authorities have published a final Electoral Roll for Panchayat Election.
3. The grievance of the petitioner no. 1 viz. Abdul Qadir is to the effect that in the final Electoral Roll, both the petitioner no. 1 and his wife viz. Yarun Nessa Begum are shown residents of House no. 302. But the name of the petitioner
The court emphasized that family members residing in the same household must be included in the Electoral Roll, and arbitrary deletion of names is subject to rectification by competent authorities.
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.
The court emphasized the necessity for timely consideration of electoral roll representations, ensuring adherence to relevant records and laws.
Delay in taking suitable steps in relation to the voters list can be fatal to a case under the Election Commission Act.
Deletion from electoral rolls must comply with statutory procedures, and a petitioner must exhaust available remedies before seeking judicial review.
Grievances regarding electoral roll discrepancies can lead to closure of writ petitions if effectively redressed by authorities.
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....
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