Case Note & Summary
The petitioner, Azhar Jahangir Shaikh, a resident of Ahmednagar, filed a writ petition seeking inclusion of his name in the voters list for the Ahmednagar Municipal Corporation elections. He claimed that he applied for inclusion on 16th September 2013, but the respondents failed to include his name in the final voters list published on 1st October 2013. The court, after hearing the parties, held that the right to vote is a fundamental right and the electoral registration officer must include eligible voters even if the application is made after the cut-off date, provided the applicant is otherwise eligible. The court directed the respondents to verify the petitioner's eligibility and include his name in the voters list if found eligible. The petition was allowed with no order as to costs.
Headnote
A) Election Law - Voters List - Inclusion of Name - Right to Vote - The petitioner applied for inclusion of his name in the voters list on 16th September 2013, after the cut-off date of 1st October 2013 for publication of the final list. The court held that the right to vote is a constitutional right and the electoral registration officer has a duty to include eligible voters even after the cut-off date, subject to verification. The court directed the respondents to include the petitioner's name in the voters list if he is otherwise eligible. (Paras 1-4)
Issue of Consideration
Whether the petitioner's name should be included in the voters list for the Ahmednagar Municipal Corporation elections despite his application being filed after the prescribed cut-off date?
Final Decision
The court allowed the writ petition and directed the respondents to include the petitioner's name in the voters list if he is otherwise eligible. No order as to costs.
Law Points
- Right to vote
- Inclusion in electoral roll
- Municipal Corporation elections
- Representation of the People Act
- 1950
- Bombay Provincial Municipal Corporations Act
- 1949
Case Details
2013 LawText (BOM) (11) 13
WRIT PETITION NO. 9098 OF 2013
A.H. Joshi, Ravindra V. Ghuge
Shri V.Y. Bhide h/f Shri M.A. Shaikh for Petitioner; Shri S.T. Shelke for Respondent 1; Shri Alok Sharma ASG for Respondents 2 & 3; Shri K.N. Lokhande for Respondent 4
The State Election Commission, State of Maharashtra, Mumbai; The District Election Officer, Ahmednagar; The Electoral Registration Officer, Ahmednagar; The Commissioner, Ahmednagar Municipal Corporation, Ahmednagar
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Nature of Litigation
Writ petition seeking inclusion of name in voters list for municipal corporation elections
Remedy Sought
Direction to respondents to include petitioner's name in the voters list for Ahmednagar Municipal Corporation elections
Filing Reason
Petitioner's name was not included in the voters list despite application on 16th September 2013
Issues
Whether the petitioner's name should be included in the voters list despite application after cut-off date?
Submissions/Arguments
Petitioner argued that he applied for inclusion on 16th September 2013 and the respondents were duty bound to publish the voters list on 1st October 2013, but failed to include his name.
Respondents argued that the application was made after the cut-off date and hence could not be included.
Ratio Decidendi
The right to vote is a constitutional right and the electoral registration officer has a duty to include eligible voters even if the application is made after the prescribed cut-off date, subject to verification of eligibility.
Judgment Excerpts
The petition pertains to the petitioner's claim for inclusion of his name in the voters list for the purpose of Elections of Ahmednagar Municipal Corporation.
He has applied for inclusion of his name in the voters list on 16th September, 2013.
Procedural History
The writ petition was filed on an unspecified date, heard on 13th November 2013, and judgment reserved. Pronounced on 21st November 2013.
Acts & Sections
- Representation of the People Act, 1950:
- Bombay Provincial Municipal Corporations Act, 1949:
