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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MANISH CHOUDHURY
Kader Ali, S/o. Jaynal @ Jayanal Ali – Appellant
Versus
Union of India, To Be Representated By Its Secretary, Ministry Of Law And Justice, Government Of India – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
Heard Mr. A.R. Bhuyan, learned counsel for the petitioners; Ms. A. Gayan, 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, 7, 8, 9 & 10.
2. The petitioners, five 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.
3. The petitioners have stated that they are members of the same family and 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 voters in the electoral rolls. The petitioners have claimed that all of them had casted votes in the previous elections to the State Legislative Assembly and/or Parliament as the voters from No. 34 Dimoria [SC] Legislative Assembly Constituency [LAC], District - Kamrup [M], Assam. The petitioners were issued e-Electors Photo Identity Cards [e-EPICs] and the
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 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.
Delay in taking suitable steps in relation to the voters list can be fatal to a case under the Election Commission Act.
The central legal point established in the judgment is the interpretation and application of the requirement of being 'ordinarily resident' in a constituency as stipulated in Section 19 of the Repres....
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