Case Note & Summary
The petitioner, Gayatri Narendra Kulkarni, filed a writ petition before the Bombay High Court seeking inclusion of her name in the voters list for the Ahmednagar Municipal Corporation elections. She was a resident of Ahmednagar and got married on 5.5.2011, after which her name changed. The State Election Commission had declared a programme for preparation of voters list. The petitioner claimed that the Electoral Registration Officer was duty bound to include her name, but her name was not included. The court heard the petition along with similar petitions on 13.11.2013 and reserved judgment. The court considered the petitioner's claim and held that the delay in filing the claim should not deprive her of her right to vote. The court directed the respondents to include the petitioner's name in the voters list for the Ahmednagar Municipal Corporation elections. The judgment emphasized the importance of ensuring every eligible citizen's right to vote and the duty of the Electoral Registration Officer to include eligible voters.
Headnote
A) Election Law - Voters List - Inclusion of Name - Sections 23, 30 Representation of the People Act, 1950 - The petitioner, a resident of Ahmednagar, claimed inclusion of her name in the voters list for municipal corporation elections after her marriage and change of name. The court held that the Electoral Registration Officer has a duty to include eligible voters and the delay in filing claim should not deprive the petitioner of her right to vote. (Paras 1-4) B) Municipal Law - Municipal Corporation Elections - Voters List - Maharashtra Municipal Corporations Act, 1949 - The court directed the respondents to include the petitioner's name in the voters list for the Ahmednagar Municipal Corporation elections, emphasizing the importance of ensuring every eligible citizen's right to vote. (Paras 2-4)
Issue of Consideration
Whether the petitioner's name should be included in the voters list for the Ahmednagar Municipal Corporation elections despite the delay in filing the claim?
Final Decision
The court allowed the petition and directed the respondents to include the petitioner's name in the voters list for the Ahmednagar Municipal Corporation elections.
Law Points
- Right to vote
- inclusion in electoral roll
- municipal elections
- Representation of the People Act
- 1950
- Maharashtra Municipal Corporations Act
- 1949
- delay condonation
- statutory duty
