"Approach State Election Commission" : Madhya Pradesh HC Disposes Writ Plea Challenging Removal Of Name From Voter List

The Madhya Pradesh High Court recently gave liberty to a man who intended to contest local elections to approach the state election commission with his grievance regarding removal of his name from the voter list. 

The Bench of Justice Sushrut Arvind Dharmadhikari directed the State Election commission to pass a reasoned and speaking order in accordance with law as expeditiously as possible preferably within 24 hours, in case the petitioner approaches it.

The case in brief

The Court was essentially dealing with a writ petition filed by one Dileep Bharti Goswami who submitted that he is a resident of the Ward No.11, Lamheta Ghat in Jabalpur, since 2017. His name was also included in the voter list issued in the year 2021 by the Election Commission for the purpose of the election of the Legislative Assembly.

However, after the Panchayat and Nagriya Nikai elections were notified in March 2022, he got to know that his name was omitted from the voters' list. Since he wanted to contest elections, therefore, aggrieved by the same, he submitted an application under Rule 21 of the Registration of Electors Rules, 1960, before the appropriate authority.

However, his application was rejected. Being aggrieved thereof, the petitioner filed an appeal under Rule 23 of the Registration of Electors Rules, 1960 before the appellate authority, however, the appeal was also dismissed.

Against the dismissal of his appeal, he moved to the HC wherein he argued that his name does not find a place on any of the voters' lists anywhere in India, and therefore, he has lost his valuable right to vote and to take part in the elections.

It was further contended that his name had been excluded from the voters' list only on the basis of the report of the Patwari and to extend the undue benefit to some other interested person. Lastly, it was argued that he may be permitted to fill up the nomination form for the ensuing elections.

The Court though denied entertaining the writ petition at the instant stage. However, looking to the fact that his name had been omitted from the voters' list merely on the report of Patwari, the Court gave him the liberty to approach State Election Commission seeking redressal of his grievance.

Case title - DILEEP v. M.P. STATE ELECTION COMMISSION

Citation: 2022 LiveLaw (MP) 161

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