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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MANISH CHOUDHURY
Jamir Ahmed Choudhury S/o- Mamun Rashid – Appellant
Versus
Union of India Represented by The Secretary, Ministry of Law And Justice, Government of India, New Delhi – Respondent
JUDGMENT :
Manish Choudhury, J.
Heard Mr. A.J. Atia, learned counsel for the petitioners; Mr. S.S. Roy, learned Central Government Counsel [CGC] for the respondent no. 1; Mr. A.I. Ali, learned Standing Counsel, Election Commission of India [ECI] for the respondent nos. 2, 4, 5 & 6; and Mr. S.R. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 3, 5 & 8.
2. In view of the nature of the grievances raised in this writ petition and the instructions placed by Mr. Ali, learned Standing Counsel, ECI, the writ petition is taken up for disposal at the motion stage itself.
3. The petitioners, nineteen in nos., have joined together to institute the present writ petition under Article 226 of the Constitution of India stating that they have a common cause of action to espouse.
4. The petitioners have stated that they are residents of the same locality, that is, Village – Purbo Bazaricherra Kitte, P.O. & P.S. – Bazaricherra, District – Sribhumi [earlier, Karimganj]. The petitioners have stated that for a long period of time, they have been casting their votes in both State Legislative Assembly Elections and/or Parliamentary Elections by virtue of enrolment of their names as v
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 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.
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 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....
Delay in taking suitable steps in relation to the voters list can be fatal to a case under the Election Commission Act.
Voting rights are statutory and must adhere to legal provisions, requiring proper notice and opportunity before deletion from voters list.
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