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Re-verification of the necessary election process and consider the objection made in the election process before publishing final electoral role – Manipur high court

A writ petition questioning the objection made against the election commission not considering the necessary issue against the election process and false entries in the electoral roll was disposed of by the single bench of HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH in the case of Khundongbam Raheshwor Singh & 19 Ors versus Union of India & 17 Ors (W.P.(C) No. 993 of 2021)

The learned counsel appearing on behalf of the petitioners submitted that at the time of publication of the Electoral Role in respect of Heirok Assembly Constituency, the petitioners have made certain objections regarding the inclusion of underage/minor persons in the Electoral Roll, inclusion of persons who are not residents of the same  Constituency, entry of double names of the same person, etc, and the said objections have not been considered by the Concerned Officers of the Election Commission. It is further submitted that the final publication of the Electoral Role falls on 05.01.2022 and the grievances of the petitioners will be redressed if the Concerned Officer of the Election Commission considers their objections and the process for re-verification of the Electoral Roll. hence prayer is made to consider those objections before the publication of the final electoral roll.

The learned counsel appearing for the respondents submits that the publication of the Electoral Roll is an ongoing process and the final publication of the Electoral Role is to be done on or before 05.01.2022 to enable the Election Commission to hold the General Assembly Election of the State of Manipur and Election Commission cannot simultaneously consider all those objections in time and the process of re-verification or dealing with the objection.

After considering the submissions from both sides this Court is of the considered view that the present writ petition can be disposed of by directing the respondents No. 2 and 5 to consider the aforesaid representation dated 10.12.2021 and to take the necessary process of re-verification before the publishing of the final Electoral Role and it should be made clear that at the time of consideration of the aforesaid objection, an opportunity of hearing should be given to some of the applicants.

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Judgment reviewed by Naveen Sharma