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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Khoitun Bibi, W/o. Noor Uddin – Appellant
Versus
Election Commission Of India, Represented By The Chief Election Commissioner – Respondent
| Table of Content |
|---|
| 1. petitioners contest wrongful electoral roll deletion. (Para 1 , 2 , 3 , 4 , 6) |
| 2. dispute over arbitrary deletion and exhaustion of remedies. (Para 5 , 7 , 9 , 18) |
| 3. statutory procedures for electoral enrollment and appeals. (Para 8 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. court mandated adherence to established statutory remedies. (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, forty 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 – Jugicherra, Post Office – Isabeel, 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 enro
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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