The Telangana High Court stated that the Electoral Registration Officer to be approached for changes in Electoral, not the High Court
Title: Mohammed Feroz Khan v. Election Commission of India
WP.No.28593 of 2023
Decided on: 12/10/2023
CORAM: THE HON’BLE CHIEF JUSTICE ALOK ARADHE AND THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR
Introduction:
The Telangana High Court decided on the writ petition of mandamus directing the respondents to undertake a special revision of electoral rolls to delete/remove the names of bogus shifted, duplicate, and persons, who are already dead, from the electoral roll of Nampally Assembly Constituency. The writ petition was dismissed by the Hon’ble High Court of Telangana. The Electoral Registration Officer has already undertaken the work of revision of the electoral roll and the revised electoral roll was published on 04.10.2023.
Facts of the Case:
Feroz Khan, a politician of the Indian National Congress, who has contested and lost election three times from Nampally Assembly Constituency, filed a writ petition seeking special revision of the final electoral rolls of Nampally Assembly Constituency. He had contended that the electoral roll of Nampally Constituency contains the names of 10473 voters, who have already died; contains the names of bogus voters to the extent of 34867; contains the names of 45567 voters, who have already shifted from Nampally Assembly Constituency.
The learned counsel for the Election Commission of India submits that the Electoral Registration Officer under section 21(2)(a) of the Representation of the People Act, 1951 had already initiated the work of revision of electoral rolls, and the same was published on 21.08.2023. The objections for it could have been filed between 21.08.2023 to 19.09.2023. It was further submitted that the claims and objections have been decided on 28.09.2023 and the final electoral roll has been published on 04.10.2023.
Court’s Analysis and Decision:
The High Court of Telangana highlighted that under Section 22 and Section 23(3) of the Representation of the People Act, 1951 “provides for no amendment, transposition or deletion of any entry shall be made under Section 22 and no direction for the inclusion of a name in the electoral roll of a constituency shall be given under this Section, after the last date of making the nominations for election in that constituency”
And in the aforesaid case, the validity of the revised electoral roll, published on 04.10.2023, can not be challenged through the writ petition under Article 226 of the Constitution of India.
Hence no case was made out in the present writ petition and the writ petition was disposed of, the High Court of Telangana added that in case the aggrieved person approaches the Electoral Registration Officer, either under Section 22 or under Section 23 of the 1950 Act, such a petition shall be dealt with in accordance with the law.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written By: Sushant Kumar Sharma