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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY
Moin Uddin, S/o - Late Erab Ali – Appellant
Versus
Election Commission Of India Represented By The Chief Election Commissioner – Respondent
| Table of Content |
|---|
| 1. overview of petitioners' grievance regarding electoral roll exclusion. (Para 1 , 2 , 3) |
| 2. parties' contentions regarding arbitrary deletion and procedural fairness. (Para 4 , 5 , 6 , 7 , 8) |
| 3. statutory framework regarding enrollment, correction, and appeals. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. exhaustion of statutory remedies is mandatory before writ intervention. (Para 16 , 17 , 18) |
| 5. directs petitioners to follow statutory procedure under r.p. act. (Para 19) |
ORDER :
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. G. Bokalial, learned Junior Government Advocate for the respondent no. 3.
2. The petitioners, fifty-nine 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 – Kanakpur, Post Office – Manikbond, Pin – 788728, District – Sribhumi, Assam. The petitioners have stated that for a long period of time they have been castin
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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