Karnataka HC directs ECI to follow due process of law with regard to voters’ list

  • Lawbeat News Network
  • 11:13 AM, 28 Sep 2021

Read Time: 04 minutes

The Karnataka HC on 24.09.2021 directed the Election Commission of India (ECI) to strictly adhere to the provisions of the Representation of the People Act, 1950 and Registration of Electors Rules, 1960 with regard to editing the electoral list.

A Division Bench of Acting Chief Justice Satish Chandra Sharma and Justice SS Magadum directed the ECI to also comply with the executive instructions issued from time to time in the matter of registration of voters and the time framework provided, reads the order passed in this regard.

While opining that the Court cannot do a roving inquiry for the entire township of Bangalore, the Court disposed of the petition while also taking note that citizens had remedies under the law with regard to issues related to registration of names or deletion of names.

The court observed that in case, any person is aggrieved by inclusion or non-inclusion of their name in the voters list, they have the right to approach to ECI to rectify the same. The court further held that it cannot do a roving inquiry for the entire township of Bangalore. Therefore, in case any person is aggrieved by non-inclusion in the voters list, he does have a remedy under the People's Representation Act and the Registration of Electors Rules, 1960. It further noted that should any person be aggrieved even after approaching the ECI, they have the remedy of filing a writ petition. The court disposed of the petition after making these observations.

The division bench made the above observations in a plea filed by Whitefield Rising Trust seeking a direction from the court to bring about a mechanism so as to process application for addition, modification or any other such change in the electoral rolls.

Case Name: Whitefield Rising Trust vs State of Karnataka and ors.