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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, G.Arul Murugan, J
K.Sidharthan – Appellant
Versus
The Chief Electoral Officer – Respondent
| Table of Content |
|---|
| 1. petitioner's name deleted from final voter list. (Para 2) |
| 2. arguments on rights violation vs. statutory bar. (Para 3 , 4 , 5 , 6 , 16) |
| 3. sections 22-23 prohibit post-nomination changes. (Para 8 , 9 , 10 , 11) |
| 4. precedents enforce nomination deadline rigidly. (Para 12 , 13 , 14 , 15) |
| 5. petition dismissed; apply post-election. (Para 17 , 18) |
JUDGMENT :
G. ARUL MURUGAN, J.
1. The writ petition is filed seeking for a direction to the respondents to include the petitioner's name in the revised voter list and allow him to vote in the upcoming Tamilnadu Assembly Election to be conducted on 23.04.2026 in Chidhambaram Assembly Constituency.
2. It is the case of the petitioner that he is the resident of Ward No.8, North Street, Chidhambaram, having been issued a voter ID Card bearing No.HNK1766518. During the enumeration process under the Serious Intensive Revision (SIR), the petitioner had submitted the enumeration form and in the draft voter list published, the petitioner's name was found in Serial No.334 in the Chidhambaram Constituency on 19.12.2025. Further, even in the revised voter list issued on 23.02.2026, the petitioner's name found place in the electoral roll. Howev
No inclusion in electoral roll allowed after nomination deadline per Section 23(3) of Representation of the People Act, 1950.
Once a notification for an election program has been issued, no amendment, inclusion, or deletion of names in the electoral rolls can be permitted, as elections must proceed based on the extant elect....
Deletion from electoral rolls must comply with statutory procedures, and a petitioner must exhaust available remedies before seeking judicial review.
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 High Court will not exercise its writ jurisdiction to restore names to an electoral roll if a petitioner has failed to exhaust efficacious statutory remedies, such as filing for inclusion or appe....
When a specific statutory mechanism is provided for the correction and inclusion of entries in electoral rolls, a writ petition is not maintainable until the petitioner has exhausted available admini....
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