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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY
Gulai Bibi, W/o - LT. Jahir Ali – Appellant
Versus
Election Commission Of India Represented By The Chief Election Commissioner – Respondent
| Table of Content |
|---|
| 1. factual basis for electoral roll discrepancy and petition origin. (Para 1 , 2 , 3 , 4) |
| 2. conflict between right to franchise and alternative statutory remedy availability. (Para 5 , 6 , 7 , 9 , 18) |
| 3. statutory mechanisms and procedural requirements under the rp act for electoral amendment. (Para 8 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. court mandate to exhaust statutory remedies before invoking extraordinary writ jurisdiction. (Para 17 , 19 , 20) |
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, seventeen 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 – N/S. Solamona, 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 vot
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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