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MV MURALIDARAN, A. GUNESHWAR SHARMA
Ramthing Hungyo, S/o Late Jhako Hungyo – Appellant
Versus
State of Manipur represented by Chief Electoral Officer (CEO), Manipur Secretariat (North Block) West Block, Imphal – Respondent
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 Delimitati
Public interest litigants must exhaust available administrative remedies before approaching the court, especially regarding voter registration and delimitation issues.
The main legal point established in the judgment is the limited scope of judicial review in administrative actions, emphasizing the prevention of arbitrariness, irrationality, unreasonableness, bias,....
Limited scope of judicial review in administrative actions and impermissibility of interference in electoral matters after the commencement of the election process
Delimitation exercises must adhere strictly to statutory provisions to ensure free and fair elections; failing to do so constitutes a colorable exercise of power.
The court held that notifications for delimitation of Gram Panchayats are administrative acts not subject to judicial review unless proven arbitrary, and non-adherence to internal guidelines does not....
Delimitation Commission may rectify inadvertent errors under Section 11 of the Kerala Panchayat Raj Act, 1994; legal boundaries determined by the Commission are binding.
Delimitation of wards must consider population density alongside infrastructure and geographical considerations, and courts generally do not intervene in technical matters without substantial evidenc....
Grievances regarding electoral roll discrepancies can lead to closure of writ petitions if effectively redressed by authorities.
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