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HIGH COURT OF GAUHATI
MR. JUSTICE MANISH CHOUDHURY
FAYAJ ALI AND 64 ORS – Appellant
Versus
THE ELECTION COMMISSION OF INDIA AND 4 ORS – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
Heard Mr. H.A. Laskar, learned counsel for the petitioners; Ms. S. Kataki, learned Standing Counsel, Election Commission of India [ECI] for the respondent nos. 1, 2, 4 & 5; and Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam for the respondent no. 3.
2. The petitioners, sixty-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 claimed that they are residents of Village – Shombhu Nagar, Post Office – Kotamoni Bazar, Pin – 788728, District – Sribhumi, Assam. 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 enrollment of their names as voters in the concerned Electoral Rolls, published from time to time. The petitioners have claimed that they had cast their votes in the previous elections for both State Legislative Assembly Elections and/or Parliamentary Elections as the voters from 125 No. Patherkandi Legislative Assembly Constituency [LAC], District – Sri
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.
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