Public interest litigants must exhaust available administrative remedies before approaching the court, especially regarding voter registration and delimitation issues.

JUDGMENT AND ORDER :

M.V. Muralidaran, ACJ.

[1] This public interest litigation has been filed by the petitioners for issuance of a writ of mandamus directing the respondents to rectify the voter lists that were shifted to another/different Constituency by renaming the village names, as per the Delimitation Act, 1972 and the report of the Delimitation Commission 1973.

[2] The case of the petitioners is that the voter lists of Horton, Soraland, Phyngton, Leihaopokpi, Risophung and Ngarumphung villages are either shifted/placed wholly or partly under different village by renaming the said villages and their voting rights were shifted to different Constituency which is in contradiction to the Delimitation Act, 1972 and the report of the Delimitation Commission, 1973. According to the petitioners, the authorities and some individuals, without following due process of law for their political gain, have intentionally misused the power of public office and have acted against the Delimitation Act, 1972 by shifting the voters of one village to another village by renaming the village and have transferred the voters under different Assembly Constituency which is not recommended by the Delimitation Commission. On 11.11.2021, the first petitioner has sent a legal notice, followed by a representation dated 20.11.2021 to the first respondent for rectification of the illegal transfer of voters from one Constituency to another Constituency by renaming the village name and by placing one village voters in two villages. Despite receipt of the representation and the legal notice, the respondents have failed to take any steps till date. Hence, the petitioners have filed the present writ petition.

[3] The first respondent filed affidavit-in-opposition stating that the allegation of misusing the people’s voting right by some interested person needs to be put to subjection of strict proof. The officials and other machineries working under the ECI have not indulged in any kind of such activities where the rights of voters are misused or deprived of. All the boundaries of Assembly as well as Parliamentary Constituencies in the State of Manipur are governed by the Delimitation Order, 1976 issued by the Delimitation Commission set up under Delimitation Act, 1972. These boundaries set up by the Commission of 1972 are still there, intact and unmodified. There has not been any deviation or alteration of boundaries as alleged by the petitioners.

[4] It is stated that the Horton village had been shifted to the present location of Nambashi Horton and had been in existence as a hill house tax paying village in Ukhrul District since 1991. Chakma village was recognized as a separate hill house tax paying village and there was no mention about the new nomenclature of the village from Phungton. Therefore, the allegations with regard to the renaming of Chakama village to Phungton is unfounded. The village K.Laihaoram was given recognition as hill house tax paying village by a Gazette notification dated 1.2.1993. In the said Gazette notification, there was no mention of renaming the village from its earlier name Laihowpokpi. The village Rhisophung still remain under 46-Saikul (ST) Assembly Constituency under Kangpokpi District. When the electors change their ordinary place of residence, they are to be enrolled in the new place of residence as per the provision contained in the Representation of People Act and Registration of Elector Rule s, 1960 as amended from time to time. Any aggrieved electors or voters may app