Case Note & Summary
The petitioners, who are traders, filed a writ petition challenging an order passed by respondent no. 2, the election authority, deleting 512 names from the provisional voters list of the traders constituency of the APMC, Jalgaon. The petitioners contended that the deletion was done without any notice or opportunity of hearing, violating principles of natural justice. The court, after hearing the parties, observed that the order was passed without affording any hearing to the petitioners. The court set aside the impugned order and directed the election authority to restore the names of the petitioners in the provisional voters list. The court further directed that if the election authority intends to delete any names, it must follow the procedure of issuing notice and providing an opportunity of hearing. The petition was allowed with no order as to costs.
Headnote
A) Administrative Law - Natural Justice - Right to be Heard - Deletion of Names from Voters List - The election authority deleted names of 512 traders from the provisional voters list of the APMC traders constituency without issuing any notice or providing an opportunity of hearing to the affected traders. The court held that such deletion without hearing violates principles of natural justice and the order is liable to be set aside. (Paras 3-5) B) Election Law - APMC Act - Voters List - Provisional List - The deletion of names from the provisional voters list of the APMC traders constituency by the election authority was challenged. The court found that the order was passed without any notice to the petitioners and without affording them an opportunity of hearing, which is a fundamental requirement of natural justice. (Paras 3-5)
Issue of Consideration
Whether the election authority could delete names of traders from the provisional voters list of the APMC traders constituency without giving them an opportunity of hearing.
Final Decision
The court allowed the petition, set aside the impugned order, and directed the election authority to restore the names of the petitioners in the provisional voters list. The court further directed that if the election authority intends to delete any names, it must follow the procedure of issuing notice and providing an opportunity of hearing. No order as to costs.
Law Points
- Natural justice
- Right to be heard
- Election law
- APMC Act
- Voters list deletion
- Provisional list
- Traders constituency
