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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
| Table of Content |
|---|
| 1. petitioners' eligibility as voters. (Para 3 , 4) |
| 2. right to be heard before deletion of names. (Para 5 , 6) |
| 3. procedure for inclusion and deletion under r.p. act. (Para 8 , 12 , 13 , 14) |
| 4. court's directive on petitioners' claims. (Para 16 , 17) |
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. – Bazar
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....
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