Case Note & Summary
The dispute arose from the rejection of the Petitioners' names from the Electoral Roll for the year 2026 by the Electoral Registration Officer (ERO), District Election Officer (DEO), and Chief Electoral Officer (CEO). The Petitioners, residents of Santa Cruz, Goa, had been voting since 1995 and sought to change their address within the same constituency. They submitted Form-8 for this purpose but faced rejection on grounds that were deemed arbitrary and without due process. The Petitioners contended that they were existing voters and thus entitled to use Form-8 for address changes, not Form-6, which is for new voters. The court analyzed the relevant provisions of the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960, concluding that the ERO failed to provide a reasonable opportunity for the Petitioners to be heard before rejecting their application. The court emphasized that the ERO's actions were contrary to the statutory requirements and principles of natural justice, leading to the decision to set aside the rejection orders and uphold the Petitioners' rights to vote. The court directed that the Petitioners' names be included in the Electoral Roll for the new address.
Headnote
A) Electoral Law - Electoral Roll Revision - Validity of Form-8 Rejection - Representation of the People Act, 1950, Section 22 - The Petitioners, existing voters, were denied their right to vote due to improper rejection of their Form-8 application for shifting residence. The court held that the ERO's actions violated the principles of natural justice and the statutory requirements for processing such applications (Paras 29-34).
Issue of Consideration
Whether the rejection of the Petitioners' Form-8 application for shifting residence was valid under the Representation of the People Act, 1950 and the Registration of Electors Rules, 1960.
Final Decision
The court set aside the orders rejecting the Petitioners' Form-8 application and directed the inclusion of their names in the Electoral Roll for Part 25 of the Santa Cruz constituency, emphasizing the violation of natural justice and statutory provisions.
Law Points
- Electoral Roll
- Representation of the People Act
- 1950
- Registration of Electors Rules
- natural justice
- Form-8
- Form-6
- shifting of residence
- deletion of names
