Case Note & Summary
The petitioner, Sumit Santosh Sahadev (Varma), filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking inclusion of his name in the voters list for the Ahmednagar Municipal Corporation elections. The petitioner claimed that he is a resident of Ahmednagar and had applied for inclusion of his name on 25th September 2013. However, as per the election programme declared by the State Election Commission, the final voters list was to be published on 13th November 2013. The petitioner's application was not considered by the Electoral Registration Officer (Respondent No.1) on the ground that it was filed after the stipulated deadline. The court heard the petition along with similar petitions on 13th November 2013 and reserved judgment. The court observed that the right to vote is a constitutional right under Article 326 of the Constitution of India and the Election Commission is duty-bound to ensure that no eligible voter is excluded from the electoral roll. The court held that delay in filing the application cannot be a ground to deny the right to vote. The court directed the Electoral Registration Officer to include the petitioner's name in the voters list and also directed the State Election Commission to ensure that the names of all eligible voters are included in the final voters list. The court allowed the petition and made the rule absolute.
Headnote
A) Constitutional Law - Right to Vote - Article 326 of the Constitution of India - The right to vote is a constitutional right and not merely a statutory right. The Election Commission is duty-bound to ensure that no eligible voter is excluded from the electoral roll. Delay in filing the application for inclusion of name cannot be a ground to deny the right to vote. (Paras 1-10) B) Election Law - Preparation of Voters List - Representation of the People Act, 1950, Sections 15, 16 - The final voters list can be corrected even after its publication if it is found that an eligible voter has been omitted. The Electoral Registration Officer has the power to include names in the voters list even after the deadline for filing claims and objections. (Paras 5-10) C) Municipal Corporation Elections - Voters List - Maharashtra Municipal Corporations Act, 1949, Section 26 - The provisions of the Representation of the People Act, 1950 apply to the preparation of voters list for municipal corporation elections. The court directed the Electoral Registration Officer to include the petitioner's name in the voters list. (Paras 1-10)
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 stipulated deadline?
Final Decision
The court allowed the writ petition and directed the Electoral Registration Officer to include the petitioner's name in the voters list for the Ahmednagar Municipal Corporation elections. The court also directed the State Election Commission to ensure that the names of all eligible voters are included in the final voters list.
Law Points
- Right to vote is a constitutional right
- Election Commission must ensure no eligible voter is excluded
- Delay in application cannot defeat the right to vote
- Final voters list can be corrected even after publication
