Case Note & Summary
The petitioners, 25 residents of Ashok Nagar, Dhamangaon Railway, Amravati, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court (Nagpur Bench) challenging the deletion of their names from the electoral roll. They alleged that the respondent authorities, including the Collector/District Election Officer, Assistant Electoral Registration Officer, and Booth Level Officers, had illegally removed their names without notice or opportunity of hearing. The petitioners sought restoration of their names in the electoral roll. The respondents, including private respondents 5 to 8, opposed the petition. The court, after hearing counsel for the petitioners, the Assistant Government Pleader for respondents 1 and 2, and counsel for respondents 5 to 8, noted that the petitioners had an alternative statutory remedy under Section 22 of the Representation of the People Act, 1950, which provides for an appeal against any order of the Electoral Registration Officer. The court held that the existence of an alternative efficacious remedy is a well-established ground for refusing to exercise writ jurisdiction under Article 226. The court dismissed the writ petition but granted liberty to the petitioners to approach the appropriate authority under Section 22 of the Act. The court did not express any opinion on the merits of the case.
Headnote
A) Constitutional Law - Writ Jurisdiction - Alternative Remedy - Article 226 of the Constitution of India - Section 22 of the Representation of the People Act, 1950 - Petitioners challenged deletion of their names from electoral roll without availing statutory remedy of appeal under Section 22 - Court held that existence of alternative efficacious remedy is a bar to entertain writ petition - Petition dismissed with liberty to approach appropriate authority (Paras 1-5).
Issue of Consideration
Whether the High Court should entertain a writ petition under Article 226 of the Constitution of India challenging the deletion of names from the electoral roll when the petitioners have an alternative statutory remedy under Section 22 of the Representation of the People Act, 1950.
Final Decision
The writ petition is dismissed. The petitioners are at liberty to approach the appropriate authority under Section 22 of the Representation of the People Act, 1950. No order as to costs.
Law Points
- Alternative remedy
- Electoral roll
- Representation of the People Act
- 1950
- Section 22
- Article 226
- Writ jurisdiction
- Exhaustion of statutory remedies
