Bombay High Court Directs Inclusion of Omitted Voters in Gram Panchayat Electoral Roll — Lapse Admitted by State. Petitioner sought correction of voters list for Gram Panchayat election; court directed respondents to include omitted voters in final list by issuing notification before election.

High Court: Bombay High Court Bench: NAGPUR In Favour of Prosecution
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Case Note & Summary

The petitioner, Rahul s/o Deepakrao Yadav, an advocate residing in Nimbhoraraj, filed a writ petition before the Bombay High Court at Nagpur seeking a direction to the respondents, the Collector, Amravati and the Tahsildar/Election Officer, Gram Panchayat, Dhamangaon Railway, to publish the correct voters list for the election of Gram Panchayat Nimbhoraraj. The petitioner contended that certain houses had been identified as falling within a particular constituency, but the voters residing in those houses were not registered in the electoral rolls. The learned Additional Government Pleader fairly admitted the lapse on behalf of the respondents. The court, considering the circumstances, directed the respondents to include the names of the omitted voters in the final voters list by issuing the necessary notification in accordance with law before proceeding to the election. The rule was made absolute in the above terms.

Headnote

A) Election Law - Gram Panchayat Election - Voters List - Direction to Include Omitted Voters - Petitioner sought direction to publish correct voters list as certain houses were identified as falling in a constituency but voters residing therein were not registered - Respondents admitted the lapse - Court directed inclusion of names in final voters list by issuing necessary notification before proceeding to election - Held that the respondents must include the omitted voters in the final list in accordance with law (Paras 2-4).

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Issue of Consideration

Whether the respondents should be directed to include the names of voters omitted from the final voters list of Gram Panchayat Nimbhoraraj.

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Final Decision

Rule made absolute. Respondents directed to include the names of the omitted voters in the final voters list by issuing necessary notification in accordance with law before proceeding to the election.

Law Points

  • Election law
  • Voters list
  • Gram Panchayat
  • Inclusion of voters
  • Direction to correct electoral roll
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Case Details

2010 LawText (BOM) (03) 135

Writ Petition No.1027 of 2010

2010-03-05

S.A. Bobde, Vasanti A. Naik

Shri S.P. Palshikar for petitioner, Shri N.S. Khubalkar, AGP for respondents

Rahul s/o Deepakrao Yadav

Collector, Amravati; Tahsildar/Election Officer, Gram Panchayat, Dhamangaon Railway

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Nature of Litigation

Writ petition seeking direction to publish correct voters list for Gram Panchayat election.

Remedy Sought

Direction to respondents to publish correct voters list of Election of Gram Panchayat Nimbhoraraj.

Filing Reason

Certain houses were identified as falling in a constituency but voters residing therein were not registered in electoral rolls.

Issues

Whether the respondents should be directed to include the names of voters omitted from the final voters list of Gram Panchayat Nimbhoraraj.

Submissions/Arguments

Petitioner submitted that certain houses were identified as falling in a constituency but voters were not registered. Respondents' counsel admitted the lapse.

Ratio Decidendi

Where a lapse in the electoral roll is admitted, the court may direct the election authorities to include the omitted voters in the final list by issuing a notification in accordance with law before proceeding to the election.

Judgment Excerpts

Petitioner prays for an order directing the respondent to publish the correct voters list of Election of the Gram Panchayat Nimbhoraraj. Learned Additional Government Pleader fairly admits the lapse. In the circumstances, we consider it appropriate to direct respondents to include the names of the voters in question in the final voters list by issuing necessary notification in accordance with law, before proceeding to the election.

Procedural History

Writ petition filed before Bombay High Court, Nagpur Bench. Rule returnable forthwith, heard by consent.

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