Case Note & Summary
The petitioner, Smita Ravindra Wagh, filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking inclusion of her name in the voters list for the Zilla Parishad and Panchayat Samiti elections in Dhule district. The petitioner claimed that her name was omitted from the voters list despite her eligibility. The court heard the petition along with similar matters on November 13, 2013, and reserved judgment. The judgment was pronounced on November 16, 2013, which was the last date for nomination of candidates. The court considered the urgency and took up the case on supplementary board. The court held that the electoral registration officer has a duty to include eligible voters and that the delay in filing the claim should not defeat the right to vote. The court directed the inclusion of the petitioner's name in the voters list. The decision was based on the principles of election law and the provisions of the Representation of the People Act, 1950.
Headnote
A) Election Law - Voters List - Inclusion of Name - Representation of the People Act, 1950, Sections 23 and 24 - Petitioner claimed her name was omitted from the voters list for Zilla Parishad and Panchayat Samiti elections - Court held that the electoral registration officer has a duty to include eligible voters and the delay in filing claim should not defeat the right to vote - Directed inclusion of petitioner's name in the voters list (Paras 1-4).
Issue of Consideration
Whether the petitioner's name should be included in the voters list for the Zilla Parishad and Panchayat Samiti elections despite the delay in filing the claim.
Final Decision
The court allowed the petition and directed the inclusion of the petitioner's name in the voters list for the Zilla Parishad and Panchayat Samiti elections.
Law Points
- Election law
- Voters list
- Inclusion of name
- Representation of the People Act
- 1950
- Zilla Parishad elections
- Panchayat Samiti elections
