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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Fayaj Ali, S/o. Hachan Ali – Appellant
Versus
Election Commission Of India, Represented By The Chief Election Commissioner – Respondent
| Table of Content |
|---|
| 1. factual background regarding voter roll deletion grievances. (Para 1 , 2 , 3 , 4 , 6) |
| 2. arguments concerning arbitrary deletion and exhaustion of remedies. (Para 5 , 7 , 9 , 18) |
| 3. assessment of maintainability regarding partial grievance resolution. (Para 8 , 14) |
| 4. interpretation of sections 22, 23, and 24 of the rpa act. (Para 10 , 11 , 12 , 13 , 15 , 16 , 17) |
| 5. procedural directions for statutory remedy exhaustion. (Para 19 , 20) |
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 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.
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